§ 2101. Short title

This chapter may be cited as the “Trade Act of 1974”.

§ 2102. Congressional statement of purpose

The purposes of this chapter are, through trade agreements affording mutual benefits—

• (1) to foster the economic growth of and full employment in the United States and to strengthen economic relations between the United States and foreign countries through open and nondiscriminatory world trade;
• (2) to harmonize, reduce, and eliminate barriers to trade on a basis which assures substantially equivalent competitive opportunities for the commerce of the United States;
• (3) to establish fairness and equity in international trading relations, including reform of the General Agreement on Tariffs and Trade;
• (4) to provide adequate procedures to safeguard American industry and labor against unfair or injurious import competition, and to assist industries, firm, 1 1 So in original. workers, and communities to adjust to changes in international trade flows;
• (5) to open up market opportunities for United States commerce in nonmarket economies; and
• (6) to provide fair and reasonable access to products of less developed countries in the United States market.

§ 2111. Basic authority for trade agreements

• (a) Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes of this chapter will be promoted thereby, the President—
  • (1) during the 5-year period beginning on January 3, 1975 , may enter into trade agreements with foreign countries or instrumentalities thereof; and
  • (2) may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement.
• (b)
  • (1) Except as provided in paragraph (2), no proclamation pursuant to subsection (a)(2) shall be made decreasing a rate of duty to a rate below 40 percent of the rate existing on January 1, 1975 .
  • (2) Paragraph (1) shall not apply in the case of any article for which the rate of duty existing on January 1, 1975 , is not more than 5 percent ad valorem.
• (c) No proclamation shall be made pursuant to subsection (a)(2) increasing any rate of duty to, or imposing a rate above, the higher of the following:
  • (1) the rate which is 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States as in effect on January 1, 1975 , or
  • (2) the rate which is 20 percent ad valorem above the rate existing on January 1, 1975 .

§ 2112. Barriers to and other distortions of trade

• (a) The Congress finds that barriers to (and other distortions of) international trade are reducing the growth of foreign markets for the products of United States agriculture, industry, mining, and commerce, diminishing the intended mutual benefits of reciprocal trade concessions, adversely affecting the United States economy, preventing fair and equitable access to supplies, and preventing the development of open and nondiscriminatory trade among nations. The President is urged to take all appropriate and feasible steps within his power (including the full exercise of the rights of the United States under international agreements) to harmonize, reduce, or eliminate such barriers to (and other distortions of) international trade. The President is further urged to utilize the authority granted by subsection (b) to negotiate trade agreements with other countries and instrumentalities providing on a basis of mutuality for the harmonization, reduction, or elimination of such barriers to (and other distortions of) international trade. Nothing in this subsection shall be construed as prior approval of any legislation which may be necessary to implement an agreement concerning barriers to (or other distortions of) international trade.
• (b)
  • (1) Whenever the President determines that any barriers to (or other distortions of) international trade of any foreign country or the United States unduly burden and restrict the foreign trade of the United States or adversely affect the United States economy, or that the imposition of such barriers is likely to result in such a burden, restriction, or effect, and that the purposes of this chapter will be promoted thereby, the President, during the 13-year period beginning on January 3, 1975 , may enter into trade agreements with foreign countries or instrumentalities providing for the harmonization, reduction, or elimination of such barriers (or other distortions) or providing for the prohibition of or limitations on the imposition of such barriers (or other distortions).
  • (2)
    • (A) Trade agreements that provide for the elimination or reduction of any duty imposed by the United States may be entered into under paragraph (1) only with Israel.
    • (B) The negotiation of any trade agreement entered into under paragraph (1) with Israel that provides for the elimination or reduction of any duty imposed by the United States shall take fully into account any product that benefits from a discriminatory preferential tariff arrangement between Israel and a third country if the tariff preference on such product has been the subject of a challenge by the United States Government under the authority of section 2411 of this title and the General Agreement on Tariffs and Trade.
    • (C) Notwithstanding any other provision of this section, the requirements of subsections (c) and (e)(1) shall not apply to any trade agreement entered into under paragraph (1) with Israel that provides for the elimination or reduction of any duty imposed by the United States.
  • (3) Notwithstanding any other provision of law, no trade benefit shall be extended to any country by reason of the extension of any trade benefit to another country under a trade agreement entered into under paragraph (1) with such other country that provides for the elimination or reduction of any duty imposed by the United States.
  • (4)
    • (A) Notwithstanding paragraph (2), a trade agreement that provides for the elimination or reduction of any duty imposed by the United States may be entered into under paragraph (1) with any country other than Israel if—
      • (i) such country requested the negotiation of such an agreement, and
      • (ii) the President, at least 60 days prior to the date notice is provided under subsection (e)(1)—
        • (I) provides written notice of such negotiations to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, and
        • (II) consults with such committees regarding the negotiation of such agreement.
    • (B) The provisions of section 2191 of this title shall not apply to an implementing bill (within the meaning of section 2191(b) of this title ) if—
      • (i) such implementing bill contains a provision approving of any trade agreement which—
        • (I) is entered into under this section with any country other than Israel, and
        • (II) provides for the elimination or reduction of any duty imposed by the United States, and
      • (ii) either—
        • (I) the requirements of subparagraph (A) were not met with respect to the negotiation of such agreement, or
        • (II) the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives disapproved of the negotiation of such agreement before the close of the 60-day period which begins on the date notice is provided under subparagraph (A)(ii)(I) with respect to the negotiation of such agreement.
    • (C) The 60-day period described in subparagraphs (A)(ii) and (B)(ii)(II) shall be computed without regard to—
      • (i) the days on which either House of Congress 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
      • (ii) any Saturday and Sunday, not excluded under clause (i), when either House of Congress is not in session.
• (c) Before the President enters into any trade agreement under this section providing for the harmonization, reduction, or elimination of a barrier to (or other distortion of) international trade, he shall consult with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and with each committee of the House and the Senate and each joint committee of the Congress which has jurisdiction over legislation involving subject matters which would be affected by such trade agreement. Such consultation shall include all matters relating to the implementation of such trade agreement as provided in subsections (d) and (e). If it is proposed to implement such trade agreement, together with one or more other trade agreements entered into under this section, in a single implementing bill, such consultation shall include the desirability and feasibility of such proposed implementation.
• (d) Whenever the President enters into a trade agreement under this section providing for the harmonization, reduction, or elimination of a barrier to (or other distortion of) international trade, he shall submit such agreement, together with a draft of an implementing bill (described in section 2191(b) of this title ) and a statement of any administrative action proposed to implement such agreement, to the Congress as provided in subsection (e), and such agreement shall enter into force with respect to the United States only if the provisions of subsection (e) are complied with and the implementing bill submitted by the President is enacted into law.
• (e) Each trade agreement submitted to the Congress under this subsection shall enter into force with respect to the United States if (and only if)—
  • (1) the President, not less than 90 days before the day on which he enters into such trade agreement, notifies the House of Representatives and the Senate of his intention to enter into such an agreement, and promptly thereafter publishes notice of such intention in the Federal Register;
  • (2) after entering into the agreement, the President transmits a document to the House of Representatives and to the Senate containing a copy of the final legal text of such agreement together with—
    • (A) a draft of an implementing bill and a statement of any administrative action proposed to implement such agreement, and an explanation as to how the implementing bill and proposed administrative action change or affect existing law, and
    • (B) a statement of his reasons as to how the agreement serves the interests of United States commerce and as to why the implementing bill and proposed administrative action is required or appropriate to carry out the agreement; and
  • (3) the implementing bill is enacted into law.
• (f) To insure that a foreign country or instrumentality which receives benefits under a trade agreement entered into under this section is subject to the obligations imposed by such agreement, the President may recommend to Congress in the implementing bill and statement of administrative action submitted with respect to such agreement that the benefits and obligations of such agreement apply solely to the parties to such agreement, if such application is consistent with the terms of such agreement. The President may also recommend with respect to any such agreement that the benefits and obligations of such agreement not apply uniformly to all parties to such agreement, if such application is consistent with the terms of such agreement.
• (g) For purposes of this section—
  • (1) the term “barrier” includes—
    • (A) the American selling price basis of customs evaluation as defined in section 1401a or 1402 of this title, as appropriate, and
    • (B) any duty or other import restriction;
  • (2) the term “distortion” includes a subsidy; and
  • (3) the term “international trade” includes—
    • (A) trade in both goods and services, and
    • (B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.

§ 2113. Overall negotiating objective

The overall United States negotiating objective under sections 2111 and 2112 of this title shall be to obtain more open and equitable market access and the harmonization, reduction, or elimination of devices which distort trade or commerce. To the maximum extent feasible, the harmonization, reduction, or elimination of agricultural trade barriers and distortions shall be undertaken in conjunction with the harmonization, reduction, or elimination of industrial trade barriers and distortions.

§ 2114. Sector negotiating objective

• (a) A principal United States negotiating objective under sections 2111 and 2112 of this title shall be to obtain, to the maximum extent feasible, with respect to appropriate product sectors of manufacturing, and with respect to the agricultural sector, competitive opportunities for United States exports to the developed countries of the world equivalent to the competitive opportunities afforded in United States markets to the importation of like or similar products, taking into account all barriers (including tariffs) to and other distortions of international trade affecting that sector.
• (b) As a means of achieving the negotiating objective set forth in subsection (a), to the extent consistent with the objective of maximizing overall economic benefit to the United States (through maintaining and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, through the development of fair and equitable market opportunities, and through open and nondiscriminatory world trade), negotiations shall, to the extent feasible be conducted on the basis of appropriate product sectors of manufacturing.
• (c) For the purposes of this section and section 2155 of this title , the United States Trade Representative together with the Secretary of Commerce, Agriculture, or Labor, as appropriate, shall, after consultation with the Advisory Committee for Trade Negotiations established under section 2155 of this title and after consultation with interested private or non-Federal governmental organizations, identify appropriate product sectors of manufacturing.
• (d) If the President determines that competitive opportunities in one or more product sectors will be significantly affected by a trade agreement concluded under section 2111 or 2112 of this title, he shall submit to the Congress with each such agreement an analysis of the extent to which the negotiating objective set forth in subsection (a) is achieved by such agreement in each product sector or product sectors.

§ 2114a. Negotiating objectives with respect to trade in services, foreign direct investment, and high technology products

• (a)
  • (1) Principal United States negotiating objectives under section 2112 of this title shall be—
    • (A) to reduce or to eliminate barriers to, or other distortions of, international trade in services (particularly United States service sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and
    • (B) to develop internationally agreed rules, including dispute settlement procedures, which—
      • (i) are consistent with the commercial policies of the United States, and
      • (ii) will reduce or eliminate such barriers or distortions and help ensure open international trade in services.
  • (2) In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
• (b)
  • (1) Principal United States negotiating objectives under section 2112 of this title shall be—
    • (A) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and
    • (B) to develop internationally agreed rules, including dispute settlement procedures, which—
      • (i) will help ensure a free flow of foreign direct investment, and
      • (ii) will reduce or eliminate the trade distortive effects of certain investment related measures.
  • (2) In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
• (c) Principal United States negotiating objectives shall be—
  • (1) to obtain and preserve the maximum openness with respect to international trade and investment in high technology products and related services;
  • (2) to obtain the elimination or reduction of, or compensation for, the significantly distorting effects of foreign government acts, policies, or practices identified in section 2241 of this title , with particular consideration given to the nature and extent of foreign government intervention affecting United States exports of high technology products or investments in high technology industries, including—
    • (A) foreign industrial policies which distort international trade or investment;
    • (B) measures which deny national treatment or otherwise discriminate in favor of domestic high technology industries;
    • (C) measures which fail to provide adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights);
    • (D) measures which impair access to domestic markets for key commodity products; and
    • (E) measures which facilitate or encourage anticompetitive market practices or structures;
  • (3) to obtain commitments that official policy of foreign countries or instrumentalities will not discourage government or private procurement of foreign high technology products and related services;
  • (4) to obtain the reduction or elimination of all tariffs on, and other barriers to, United States exports of high technology products and related services;
  • (5) to obtain commitments to foster national treatment;
  • (6) to obtain commitments to—
    • (A) foster the pursuit of joint scientific cooperation between companies, institutions or governmental entities of the United States and those of the trading partners of the United States in areas of mutual interest through such measures as financial participation and technical and personnel exchanges, and
    • (B) ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and
  • (7) to provide effective minimum safeguards for the acquisition and enforcement of intellectual property rights and the property value of proprietary data.
• (d) For purposes of subsection (a), the term “barriers to, or other distortions of, international trade in services” includes, but is not limited to—
  • (1) barriers to establishment in foreign markets, and
  • (2) restrictions on the operation of enterprises in foreign markets, including—
    • (A) direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and
    • (B) restrictions on the use of data processing facilities within or outside of such country or instrumentality.

§ 2114b. Provisions relating to international trade in services

• (1) The Secretary of Commerce shall establish a service industries development program designed to—
  • (A) develop, in consultation with other Federal agencies as appropriate, policies regarding services that are designed to increase the competitiveness of United States service industries in foreign commerce;
  • (B) develop a data base for assessing the adequacy of Government policies and actions pertaining to services, including, but not limited to, data on trade, both aggregate and pertaining to individual service industries;
  • (C) collect and analyze, in consultation with appropriate agencies, information pertaining to the international operations and competitiveness of United States service industries, including information with respect to—
    • (i) policies of foreign governments toward foreign and United States service industries;
    • (ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade;
    • (iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion activities in the service sector;
    • (iv) tax treatment of services, with particular emphasis on the effect of United States taxation on the international competitiveness of United States firms and exports;
    • (v) treatment of services under international agreements of the United States;
    • (vi) antitrust policies as such policies affect the competitiveness of United States firms; and
    • (vii) treatment of services in international agreements of the United States;
  • (D) conduct a program of research and analysis of service-related issues and problems, including forecasts and industrial strategies; and
  • (E) conduct sectoral studies of domestic service industries.
• (2) For purposes of the collection and analysis required by paragraph (1), and for the purpose of any reporting the Department of Commerce makes under paragraph (3), such collection and reporting shall distinguish between income from investment and income from noninvestment services.
• (3) On not less than a biennial basis beginning in 1986, the Secretary shall prepare a report which analyzes the information collected under paragraph (1). Such report shall be submitted to the Congress and to the President by not later than the date that is 120 days after the close of the period covered by the report.
• (4) The Secretary of Commerce shall carry out the provisions of this subsection from funds otherwise made available to him which may be used for such purposes.
• (5) For purposes of this section, the term “services” means economic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, insurance, transportation, postal and delivery services, communications and data processing, retail and wholesale trade, advertising, accounting, construction, design and engineering, management consulting, real estate, professional services, entertainment, education, health care, and tourism.

§ 2114c. Trade in services: development, coordination, and implementation of Federal policies; staff support and other assistance; specific service sector authorities unaffected; executive functions

• (1)
  • (A) The United States Trade Representative, through the interagency trade organization established pursuant to section 1872(a) of this title or any subcommittee thereof, shall, in conformance with this Act and other provisions of law, develop (and coordinate the implementation of) United States policies concerning trade in services.
  • (B) In order to encourage effective development, coordination, and implementation of United States policies on trade in services—
    • (i) each department or agency of the United States responsible for the regulation of any service sector industry shall, as appropriate, advise and work with the United States Trade Representative concerning matters that have come to the department’s or agency’s attention with respect to—
      • (I) the treatment afforded United States service sector interest in foreign markets; or
      • (II) allegations of unfair practices by foreign governments or companies in a service sector; and
    • (ii) the Department of Commerce, together with other appropriate agencies as requested by the United States Trade Representative, shall provide staff support and other assistance for negotiations on service-related issues by the United States Trade Representatives 1 1 So in original. Probably should be “Representative”. and the domestic implementation of service-related agreements.
  • (C) Nothing in this paragraph shall be construed to alter any existing authority or responsibility with respect to any specific service sector.
• (2)
  • (A) 2 2 See Codification note below. The President shall, as he deems appropriate—
    • (i) consult with State governments on issues of trade policy, including negotiating objectives and implementation of trade agreements, affecting the regulatory authority of non-Federal governments, or their procurement of goods and services;
    • (ii) establish one or more intergovernmental policy advisory committees on trade which shall serve as a principal forum in which State and local governments may consult with the Federal Government with respect to the matters described in clause (i); and
    • (iii) provide to State and local governments and to United States service industries, upon their request, advice, assistance, and (except as may be otherwise prohibited by law) data, analyses, and information concerning United States policies on international trade in services.

§ 2114d. Foreign export requirements; consultations and negotiations for reduction and elimination; restrictions on and exclusion from entry of products or services; savings provision; compensation authority applicable

• (1) If the United States Trade Representative, with the advice of the committee established by section 1872 of this title , determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that adversely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduction and elimination of such export performance requirements through consultations and negotiations with the foreign country or instrumentality concerned.
• (2) In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements.
• (3) Nothing in paragraph (2) shall apply to any products or services with respect to which—
  • (A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before October 30, 1984 , or
  • (B) any written commitment relating to a foreign direct investment that is binding on October 30, 1984 , has been made directly or indirectly by any United States person.
• (4) Whenever the international obligations of the United States and actions taken under paragraph (2) make compensation necessary or appropriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in section 2133 of this title for providing compensation for actions taken under section 2253 of this title .

§ 2114e. Negotiation of agreements concerning high technology industries

The President may enter into such bilateral or multilateral agreements as may be necessary or appropriate to achieve the objectives of this section and the negotiating objectives under section 2114a(c) of this title .

§ 2115. Bilateral trade agreements

If the President determines that bilateral trade agreements will more effectively promote the economic growth of, and full employment in, the United States, then, in such cases, a negotiating objective under sections 2111 and 2112 of this title shall be to enter into bilateral trade agreements. Each such trade agreement shall provide for mutually advantageous economic benefits.

§ 2116. Agreements with developing countries

A United States negotiating objective under sections 2111 and 2112 of this title shall be to enter into trade agreements which promote the economic growth of both developing countries and the United States and the mutual expansion of market opportunities.

§ 2117. International safeguard procedures

• (a) A principal United States negotiating objective under section 2112 of this title shall be to obtain internationally agreed upon rules and procedures, in the context of the harmonization, reduction, or elimination of barriers to, and other distortions of, international trade, which permit the use of temporary measures to ease adjustment to changes occurring in competitive conditions in the domestic markets of the parties to an agreement resulting from such negotiations due to the expansion of international trade.
• (b) Any agreement entered into under section 2112 of this title may include provisions establishing procedures for—
  • (1) notification of affected exporting countries,
  • (2) international consultations,
  • (3) international review of changes in trade flows,
  • (4) making adjustments in trade flows as the result of such changes, and
  • (5) international mediation.
    • (A) exclude, under specified conditions, the parties thereto from compensation obligations and retaliation, and
    • (B) permit domestic public procedures through which interested parties have the right to participate.

§ 2118. Access to supplies

• (a) A principal United States negotiating objective under section 2112 of this title shall be to enter into trade agreements with foreign countries and instrumentalities to assure the United States of fair and equitable access at reasonable prices to supplies of articles of commerce which are important to the economic requirements of the United States and for which the United States does not have, or cannot easily develop, the necessary domestic productive capacity to supply its own requirements.
• (b) Any agreement entered into under section 2112 of this title may include provisions which—
  • (1) assure to the United States the continued availability of important articles at reasonable prices, and
  • (2) provide reciprocal concessions or comparable trade obligations, or both, by the United States.

§ 2119. Staging requirements and rounding authority

• (a) Except as otherwise provided in this section, the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement under section 2111 of this title shall not exceed the aggregate reduction which would have been in effect on such day if—
  • (1) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to section 2111(a)(2) of this title to carry out such agreement with respect to such article, and
  • (2) a reduction equal to the amount applicable under paragraph (1) had taken effect at 1-year intervals after the effective date of such first reduction.
• (b) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitation provided by section 2111(b) of this title or subsection (a) of this section by not more than whichever of the following is lesser:
  • (1) the difference between the limitation and the next lower whole number, or
  • (2) one-half of 1 percent ad valorem.
• (c)
  • (1) No reduction in the rate of duty on any article pursuant to a trade agreement under section 2111 of this title shall take effect more than 10 years after the effective date of the first reduction proclaimed to carry out such trade agreement with respect to such article.
  • (2) If any part of a reduction takes effect, then any time thereafter during which any part of the reduction is not in effect by reason of legislation of the United States or action thereunder, the effect of which is to maintain or increase the rate of duty on an article, shall be excluded in determining—
    • (A) the 1-year intervals referred to in subsection (a)(2), and
    • (B) the expiration of the 10-year period referred to in paragraph (1) of this subsection.

§ 2131. Authorization of appropriation for GATT revision

There are authorized to be appropriated annually such sums as may be necessary for the payment by the United States of its share of the expenses of the Contracting Parties to the General Agreement on Tariffs and Trade. This authorization does not imply approval or disapproval by the Congress of all articles of the General Agreement on Tariffs and Trade.

§ 2132. Balance-of-payments authority

• (a) Whenever fundamental international payments problems require special import measures to restrict imports—
  • (1) to deal with large and serious United States balance-of-payments deficits.
  • (2) to prevent an imminent and significant depreciation of the dollar in foreign exchange markets, or
  • (3) to cooperate with other countries in correcting an international balance-of-payments disequilibrium,
    • (A) a temporary import surcharge, not to exceed 15 percent ad valorem, in the form of duties (in addition to those already imposed, if any) on articles imported into the United States;
    • (B) temporary limitations through the use of quotas on the importation of articles into the United States; or
    • (C) both a temporary import surcharge described in subparagraph (A) and temporary limitations described in subparagraph (B).
• (b) If the President determines that the imposition of import restrictions under subsection (a) will be contrary to the national interest of the United States, then he may refrain from proclaiming such restrictions and he shall—
  • (1) immediately inform Congress of his determination, and
  • (2) immediately convene the group of congressional official advisers designated under section 2211(a) of this title and consult with them as to the reasons for such determination.
• (c) Whenever the President determines that fundamental international payments problems require special import measures to increase imports—
  • (1) to deal with large and persistent United States balance-of-trade surpluses, as determined on the basis of the cost-insurance-freight value of imports, as reported by the Bureau of the Census, or
  • (2) to prevent significant appreciation of the dollar in foreign exchange markets,
    • (A) a temporary reduction (of not more than 5 percent ad valorem) in the rate of duty on any article; and
    • (B) a temporary increase in the value or quantity of articles which may be imported under any import restriction, or a temporary suspension of any import restriction.
• (d)
  • (1) Import restricting actions proclaimed pursuant to subsection (a) shall be applied consistently with the principle of nondiscriminatory treatment. In addition, any quota proclaimed pursuant to subparagraph (B) of subsection (a) shall be applied on a basis which aims at a distribution of trade with the United States approaching as closely as possible that which various foreign countries might have expected to obtain in the absence of such restrictions.
  • (2) Notwithstanding paragraph (1), if the President determines that the purposes of this section will best be served by action against one or more countries having large or persistent balance-of-payments surpluses, he may exempt all other countries from such action.
  • (3) After such time when there enters into force for the United States new rules regarding the application of surcharges as part of a reform of internationally agreed balance-of-payments adjustment procedures, the exemption authority contained in paragraph (2) shall be applied consistently with such new international rules.
  • (4) It is the sense of Congress that the President seek modifications in international agreements aimed at allowing the use of surcharges in place of quantitative restrictions (and providing rules to govern the use of such surcharges) as a balance-of-payments adjustment measure within the context of arrangements for an equitable sharing of balance-of-payments adjustment responsibility among deficit and surplus countries.
• (e) Import restricting actions proclaimed pursuant to subsection (a) shall be of broad and uniform application with respect to product coverage except where the President determines, consistently with the purposes of this section, that certain articles should not be subject to import restricting actions because of the needs of the United States economy. Such exceptions shall be limited to the unavailability of domestic supply at reasonable prices, the necessary importation of raw materials, avoiding serious dislocations in the supply of imported goods, and other similar factors. In addition, uniform exceptions may be made where import restricting actions will be unnecessary or ineffective in carrying out the purposes of this section, such as with respect to articles already subject to import restrictions, goods in transit, or goods under binding contract. Neither the authorization of import restricting actions nor the determination of exceptions with respect to product coverage shall be made for the purpose of protecting individual domestic industries from import competition.
• (f) Any quantitative limitation proclaimed pursuant to subparagraph (B) or (C) of subsection (a) on the quantity or value, or both, of an article—
  • (1) shall permit the importation of a quantity or value which is not less than the quantity or value of such article imported into the United States from the foreign countries to which such limitation applies during the most recent period which the President determines is representative of imports of such article, and
  • (2) shall take into account any increase since the end of such representative period in domestic consumption of such article and like or similar articles of domestic manufacture or production.
• (g) The President may at any time, consistent with the provisions of this section, suspend, modify, or terminate, in whole or in part, any proclamation under this section either during the initial 150-day period of effectiveness or as extended by subsequent Act of Congress.
• (h) No provision of law authorizing the termination of tariff concessions shall be used to impose a surcharge on imports into the United States.

§ 2133. Compensation authority

• (a) Whenever—
  • (1) any action taken under part 1 of subchapter II or subchapter III, or under part 2 of subchapter IV of this chapter; or
  • (2) any judicial or administrative tariff reclassification that becomes final after August 23, 1988 ;
    • (A) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and
    • (B) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.
• (b)
  • (1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 70 percent of the existing rate of duty.
  • (2) Where the rate of duty in effect at any time is an intermediate stage under section 2902(a) of this title , the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under such section 2902(a) of this title by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than 70 percent of the rate of duty proclaimed as the final stage under such section 2902(a) of this title .
  • (3) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of—
    • (A) the difference between such limitation and the next lower whole number, or
    • (B) one-half of 1 percent ad valorem.
  • (4) Any concessions granted under subsection (a)(1) shall be reduced and terminated according to substantially the same time schedule for reduction applicable to the relevant action under sections 2253(e) and 2254 of this title.
• (c) Before entering into any trade agreement under this section with any foreign country or instrumentality, the President shall consider whether such country or instrumentality has violated trade concessions of benefit to the United States and such violation has not been adequately offset by the action of the United States or by such country or instrumentality.
• (d) Notwithstanding the provisions of subsection (a), the authority delegated under section 2902 of this title shall be used for the purpose of granting new concessions as compensation within the meaning of this section until such authority terminates.
• (e) The provisions of this section shall apply by reason of action taken under subchapter III only if the President determines that action authorized under this section is necessary or appropriate to meet the international obligations of the United States.

§ 2134. Two-year residual authority to negotiate duties

• (a) Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes of this chapter will be promoted thereby, the President—
  • (1) may enter into trade agreements with foreign countries or instrumentalities thereof, and
  • (2) may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement.
• (b) Agreements entered into under this section in any 1-year period shall not provide for the reduction of duties, or the continuance of duty-free or excise treatment, for articles which account for more than 2 percent of the value of United States imports for the most recent 12-month period for which import statistics are available.
• (c)
  • (1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 80 percent of the existing rate of duty.
  • (2) No proclamation shall be made pursuant to subsection (a) decreasing or increasing any rate of duty to a rate which is lower or higher than the corresponding rate which would have resulted if the maximum authority granted by section 2111 of this title with respect to such article had been exercised.
  • (3) Where the rate of duty in effect at any time is an intermediate stage under section 2119 of this title , the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under section 2111 of this title by not more than 20 percent of such rate of duty, and, subject to the limitation in paragraph (2), may provide for a final rate of duty which is not less than 80 percent of the rate of duty proclaimed as the final stage under section 2111 of this title .
  • (4) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of—
    • (A) the difference between such limitation and the next lower whole number, or
    • (B) one-half of 1 percent ad valorem.
• (d) Agreements may be entered into under this section only during the 2-year period which immediately follows the close of the period during which agreements may be entered into under section 2111 of this title .

§ 2135. Termination and withdrawal authority

• (a) Every trade agreement entered into under this chapter shall be subject to termination, in whole or in part, or withdrawal, upon due notice, at the end of a period specified in the agreement. Such period shall be not more than 3 years from the date on which the agreement becomes effective. If the agreement is not terminated or withdrawn from at the end of the period so specified, it shall be subject to termination or withdrawal thereafter upon not more than 6 months’ notice.
• (b) The President may at any time terminate, in whole or in part, any proclamation made under this chapter.
• (c) Whenever the United States, acting in pursuance of any of its rights or obligations under any trade agreement entered into pursuant to this chapter, section 1821 of this title , or section 1351 of this title , withdraws, suspends, or modifies any obligation with respect to the trade of any foreign country or instrumentality thereof, the President is authorized to proclaim increased duties or other import restrictions, to the extent, at such times, and for such periods as he deems necessary or appropriate, in order to exercise the rights or fulfill the obligations of the United States. No proclamation shall be made under this subsection increasing any existing duty to a rate more than 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States, as in effect on January 1, 1975 , or 20 percent ad valorem above the rate existing on January 1, 1975 , whichever is higher.
• (d) Whenever any foreign country or instrumentality withdraws, suspends, or modifies the application of trade agreement obligations of benefit to the United States without granting adequate compensation therefor, the President, in pursuance of rights granted to the United States under any trade agreement and to the extent necessary to protect United States economic interests (including United States balance of payments), may—
  • (1) withdraw, suspend, or modify the application of substantially equivalent trade agreement obligations of benefit to such foreign country or instrumentality, and
  • (2) proclaim under subsection (c) such increased duties or other import restrictions as are appropriate to effect adequate compensation from such foreign country or instrumentality.
• (e) Duties or other import restrictions required or appropriate to carry out any trade agreement entered into pursuant to this chapter, section 1821 of this title , or section 1351 of this title shall not be affected by any termination, in whole or in part, of such agreement or by the withdrawal of the United States from such agreement and shall remain in effect after the date of such termination or withdrawal for 1 year, unless the President by proclamation provides that such rates shall be restored to the level at which they would be but for the agreement. Within 60 days after the date of any such termination or withdrawal, the President shall transmit to the Congress his recommendations as to the appropriate rates of duty for all articles which were affected by the termination or withdrawal or would have been so affected but for the preceding sentence.
• (f) Before taking any action pursuant to subsection (b), (c), or (d), the President shall provide for a public hearing during the course of which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard, unless he determines that such prior hearings will be contrary to the national interest because of the need for expeditious action, in which case he shall provide for a public hearing promptly after such action.

§ 2136. Reciprocal nondiscriminatory treatment

• (a) Except as otherwise provided in this chapter or in any other provision of law, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this subchapter shall apply to products of all foreign countries, whether imported directly or indirectly.
• (b) The President shall determine, after the conclusion of all negotiations entered into under this chapter or at the end of the 5-year period beginning on January 3, 1975 , whichever is earlier, whether any major industrial country has failed to make concessions under trade agreements entered into under this chapter which provide competitive opportunities for the commerce of the United States in such country substantially equivalent to the competitive opportunities, provided by concessions made by the United States under trade agreements entered into under this chapter, for the commerce of such country in the United States.
• (c) For purposes of this section, “major industrial country” means Canada, the European Economic Community, the individual member countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection.

§ 2137. Reservation of articles for national security or other reasons

• (a) No proclamation shall be made pursuant to the provisions of this chapter reducing or eliminating the duty or other import restriction on any article if the President determines that such reduction or elimination would threaten to impair the national security.
• (b) While there is in effect with respect to any article any action taken under section 2253 of this title , or section 1862 or 1981 of this title, the President shall reserve such article from negotiations under this subchapter (and from any action under section 2132(c) of this title ) contemplating reduction or elimination of—
  • (A) any duty on such article,
  • (B) any import restriction imposed under such section, or
  • (C) any other import restriction, the removal of which will be likely to undermine the effect of the import restrictions referred to in subparagraph (B).

§ 2151. Advice from International Trade Commission

• (a)
  • (1) In connection with any proposed trade agreement under section 2133 of this title or subsection (a) or (b) of section 4202 of this title , the President shall from time to time publish and furnish the International Trade Commission (hereafter in this section referred to as the “Commission”) with lists of articles which may be considered for modification or continuance of United States duties, continuance of United States duty-free or excise treatment, or additional duties. In the case of any article with respect to which consideration may be given to reducing or increasing the rate of duty, the list shall specify the provision of this subchapter under which such consideration may be given.
  • (2) In connection with any proposed trade agreement under section 4202(b) of this title , the President may from time to time publish and furnish the Commission with lists of nontariff matters which may be considered for modification.
• (b) Within 6 months after receipt of a list under subsection (a) or, in the case of a list submitted in connection with a trade agreement, within 90 days after receipt of such list, the Commission shall advise the President, with respect to each article or nontariff matter, of its judgment as to the probable economic effect of modification of the tariff or nontariff measure on industries producing like or directly competitive articles and on consumers, so as to assist the President in making an informed judgment as to the impact which might be caused by such modifications on United States interests, such as sectors involved in manufacturing, agriculture, mining, fishing, services, intellectual property, investment, labor, and consumers. Such advice may include in the case of any article the advice of the Commission as to whether any reduction in the rate of duty should take place over a longer period of time than the minimum period provided for in section 4202(a)(4)(A) of this title .
• (c) In addition, in order to assist the President in his determination whether to enter into any agreement under section 2133 of this title or section 4202(a) of this title , or how to develop trade policy, priorities or other matters (such as priorities for actions to improve opportunities in foreign markets), the Commission shall make such investigations and reports as may be requested by the President or the United States Trade Representative on matters such as effects of modification of any barrier to (or other distortion of) international trade on domestic workers, industries or sectors, purchasers, prices and quantities of articles in the United States.
• (d) In preparing its advice to the President under this section, the Commission shall to the extent practicable—
  • (1) investigate conditions, causes, and effects relating to competition between the foreign industries producing the articles or services in question and the domestic industries producing the like or directly competitive articles or services;
  • (2) analyze the production, trade, and consumption of each like or directly competitive article or service, taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic industries concerned, and such other economic factors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital investment, obsolescence of equipment, and diversification of production;
  • (3) describe the probable nature and extent of any significant change in employment, profit levels, and use of productive facilities; the overall impact of such or other possible changes on the competitiveness of relevant domestic industries or sectors; and such other conditions as it deems relevant in the domestic industries or sectors concerned which it believes such modifications would cause; and
  • (4) make special studies (including studies of real wages paid in foreign supplying countries), whenever deemed to be warranted, of particular proposed modifications affecting United States manufacturing, agriculture, mining, fishing, labor, consumers, services, intellectual property and investment, using to the fullest extent practicable United States Government facilities abroad and appropriate personnel of the United States.
• (e) In preparing its advice to the President under this section, the Commission shall, after reasonable notice, hold public hearings.

§ 2152. Advice from executive departments and other sources

Before any trade agreement is entered into under section 2133 of this title or section 4202 of this title , the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State and the Treasury, from the United States Trade Representative, and from such other sources as he may deem appropriate. Such advice shall be prepared and presented consistent with the provisions of Reorganization Plan Number 3 of 1979, Executive Order Number 12188 and section 2171(c) of this title .

§ 2153. Public hearings

• (a) In connection with any proposed trade agreement under section 2133 of this title or section 4202 of this title , the President shall afford an opportunity for any interested person to present his views concerning any article on a list published under section 2151 of this title , any matter or article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and priorities.
• (b) The organization holding such hearing shall furnish the President with a summary thereof.

§ 2154. Prerequisites for offers

• (a) In any negotiation seeking an agreement under section 2133 of this title or section 4202 of this title , the President may make a formal offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restrictions, or other barrier to (or other distortion of) international trade including trade in services, foreign direct investment and intellectual property as covered by this subchapter, with respect to any article or matter only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under section 2153 of this title . In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under section 2151(a) of this title , only after he has received advice concerning such article from the Commission under section 2151(b) of this title , or after the expiration of the 6-month or 90-day period provided for in that section, as appropriate, whichever first occurs.
• (b) In determining whether to make offers described in subsection (a) in the course of negotiating any trade agreement under section 4202 of this title , and in determining the nature and scope of such offers, the President shall take into account any advice or information provided, or reports submitted, by—
  • (1) the Commission;
  • (2) any advisory committee established under section 2155 of this title ; or
  • (3) any organization that holds public hearings under section 2153 of this title ;

§ 2155. Information and advice from private and public sectors

• (a)
  • (1) The President shall seek information and advice from representative elements of the private sector and the non-Federal governmental sector with respect to—
    • (A) negotiating objectives and bargaining positions before entering into a trade agreement under this subchapter or section 4202 of this title ;
    • (B) the operation of any trade agreement once entered into, including preparation for dispute settlement panel proceedings to which the United States is a party; and
    • (C) other matters arising in connection with the development, implementation, and administration of the trade policy of the United States, including those matters referred to in Reorganization Plan Number 3 of 1979 and Executive Order Numbered 12188, and the priorities for actions thereunder.
  • (2) The President shall consult with representative elements of the private sector and the non-Federal governmental sector on the overall current trade policy of the United States. The consultations shall include, but are not limited to, the following elements of such policy:
    • (A) The principal multilateral and bilateral trade negotiating objectives and the progress being made toward their achievement.
    • (B) The implementation, operation, and effectiveness of recently concluded multilateral and bilateral trade agreements and resolution of trade disputes.
    • (C) The actions taken under the trade laws of the United States and the effectiveness of such actions in achieving trade policy objectives.
    • (D) Important developments in other areas of trade for which there must be developed a proper policy response.
  • (3) The President shall take the advice received through consultation under paragraph (2) into account in determining the importance which should be placed on each major objective and negotiating position that should be adopted in order to achieve the overall trade policy of the United States.
• (b)
  • (1) The President shall establish an Advisory Committee for Trade Policy and Negotiations to provide overall policy advice on matters referred to in subsection (a). The committee shall be composed of not more than 45 individuals and shall include representatives of non-Federal governments, labor, industry, agriculture, small business, service industries, retailers, nongovernmental environmental and conservation organizations, and consumer interests. The committee shall be broadly representative of the key sectors and groups of the economy, particularly with respect to those sectors and groups which are affected by trade. Members of the committee shall be recommended by the United States Trade Representative and appointed by the President for a term of 4 years or until the committee is scheduled to expire. An individual may be reappointed to committee for any number of terms. Appointments to the Committee 1 1 So in original. Probably should not be capitalized. shall be made without regard to political affiliation.
  • (2) The committee shall meet as needed at the call of the United States Trade Representative or at the call of two-thirds of the members of the committee. The chairman of the committee shall be elected by the committee from among its members.
  • (3) The United States Trade Representative shall make available to the committee such staff, information, personnel, and administrative services and assistance as it may reasonably require to carry out its activities.
• (c)
  • (1) The President may establish individual general policy advisory committees for industry, labor, agriculture, services, investment, defense, and other interests, as appropriate, to provide general policy advice on matters referred to in subsection (a). Such committees shall, insofar as is practicable, be representative of all industry, labor, agricultural, service, investment, defense, and other interests, respectively, including small business interests, and shall be organized by the United States Trade Representative and the Secretaries of Commerce, Defense, Labor, Agriculture, the Treasury, or other executive departments, as appropriate. The members of such committees shall be appointed by the United States Trade Representative in consultation with such Secretaries.
  • (2) The President shall establish such sectoral or functional advisory committees as may be appropriate. Such committees shall, insofar as is practicable, be representative of all industry, labor, agricultural, or service interests (including small business interests) in the sector or functional areas concerned. In organizing such committees, the United States Trade Representative and the Secretaries of Commerce, Labor, Agriculture, the Treasury, or other executive departments, as appropriate, shall—
    • (A) consult with interested private organizations; and
    • (B) take into account such factors as—
      • (i) patterns of actual and potential competition between United States industry and agriculture and foreign enterprise in international trade,
      • (ii) the character of the nontariff barriers and other distortions affecting such competition,
      • (iii) the necessity for reasonable limits on the number of such advisory committees,
      • (iv) the necessity that each committee be reasonably limited in size, and
      • (v) in the case of each sectoral committee, that the product lines covered by each committee be reasonably related.
  • (3) The President—
    • (A) may, if necessary, establish policy advisory committees representing non-Federal governmental interests to provide policy advice—
      • (i) on matters referred to in subsection (a), and
      • (ii) with respect to implementation of trade agreements, and
    • (B) shall include as members of committees established under subparagraph (A) representatives of non-Federal governmental interests if he finds such inclusion appropriate after consultation by the United States Trade Representative with such representatives.
  • (4) Appointments to each committee established under paragraph (1), (2), or (3) shall be made without regard to political affiliation.
• (d) Committees established under subsection (c) shall meet at the call of the United States Trade Representative and the Secretaries of Agriculture, Commerce, Labor, Defense, or other executive departments, as appropriate, to provide policy advice, technical advice and information, and advice on other factors relevant to the matters referred to in subsection (a).
• (e)
  • (1) The Advisory Committee for Trade Policy and Negotiations, each appropriate policy advisory committee, and each sectoral or functional advisory committee, if the sector or area which such committee represents is affected, shall meet at the conclusion of negotiations for each trade agreement entered into under section 4202 of this title , to provide to the President, to Congress, and to the United States Trade Representative a report on such agreement. Each report that applies to a trade agreement entered into under section 4202 of this title shall be provided under the preceding sentence not later than the date that is 30 days after the date on which the President notifies Congress under section 4205(a)(1)(A) of this title of his intention to enter into that agreement.
  • (2) The report of the Advisory Committee for Trade Policy and Negotiations and each appropriate policy advisory committee shall include an advisory opinion as to whether and to what extent the agreement promotes the economic interests of the United States and achieves the applicable overall and principal negotiating objectives set forth in section 4201 of this title , as appropriate.
  • (3) The report of the appropriate sectoral or functional committee under paragraph (1) shall include an advisory opinion as to whether the agreement provides for equity and reciprocity within the sector or within the functional area.
• (f) The provisions of the Federal Advisory Committee Act apply—
  • (1) to the Advisory Committee for Trade Policy and Negotiations established under subsection (b); and
  • (2) to all other advisory committees which may be established under subsection (c) of this section, except that—
    • (A) the meetings of advisory committees established under subsections (b) and (c) of this section shall be exempt from the requirements of subsections (a) and (b) of sections 10 and 11 of the Federal Advisory Committee Act (relating to open meetings, public notice, public participation, and public availability of documents), whenever and to the extent it is determined by the President or the President’s designee that such meetings will be concerned with matters the disclosure of which would seriously compromise the development by the United States Government of trade policy, priorities, negotiating objectives, or bargaining positions with respect to matters referred to in subsection (a) of this section, and that meetings may be called of such special task forces, plenary meetings of chairmen, or other such groups made up of members of the committees established under subsections (b) and (c) of this section; and
    • (B) notwithstanding subsection (a)(2) of section 14 of the Federal Advisory Committee Act, any committee established under subsection (b) or (c) may, in the discretion of the President or the President’s designee, terminate not later than the expiration of the 4-year period beginning on the date of its establishment.
• (g)
  • (1) Trade secrets and commercial or financial information which is privileged or confidential, and which is submitted in confidence by the private sector or non-Federal government to officers or employees of the United States in connection with trade negotiations, may be disclosed upon request to—
    • (A) officers and employees of the United States designated by the United States Trade Representative;
    • (B) members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate who are designated as official advisers under section 2211(a)(1) of this title or are designated by the chairmen of either such committee under section 2211(b)(3)(A) of this title and staff members of either such committee designated by the chairmen under section 2211(b)(3)(A) of this title ; and
    • (C) members of any committee of the House or Senate or any joint committee of Congress who are designated as advisers under section 2211(a)(2) of this title or designated by the chairman of such committee under section 2211(b)(3)(B) of this title and staff members of such committee designated under section 2211(b)(3)(B) of this title , but disclosure may be made under this subparagraph only with respect to trade secrets or commercial or financial information that is relevant to trade policy matters or negotiations that are within the legislative jurisdiction of such committee;
  • (2) Information other than that described in paragraph (1), and advice submitted in confidence by the private sector or non-Federal government to officers or employees of the United States, to the Advisory Committee for Trade Policy and Negotiations, or to any advisory committee established under subsection (c), in connection with matters referred to in subsection (a), may be disclosed upon request to—
    • (A) the individuals described in paragraph (1); and
    • (B) the appropriate advisory committee established under this section.
  • (3) Information submitted in confidence by officers or employees of the United States to the Advisory Committee for Trade Policy and Negotiations, or to any advisory committee established under subsection (c), may be disclosed in accordance with rules issued by the United States Trade Representative and the Secretaries of Commerce, Labor, Defense, Agriculture, or other executive departments, as appropriate, after consultation with the relevant advisory committees established under subsection (c). Such rules shall define the categories of information which require restricted or confidential handling by such committee considering the extent to which public disclosure of such information can reasonably be expected to prejudice the development of trade policy, priorities, or United States negotiating objectives. Such rules shall, to the maximum extent feasible, permit meaningful consultations by advisory committee members with persons affected by matters referred to in subsection (a).
• (h) The United States Trade Representative, and the Secretaries of Commerce, Labor, Defense, Agriculture, the Treasury, or other executive departments, as appropriate, shall provide such staff, information, personnel, and administrative services and assistance to advisory committees established under subsection (c) as such committees may reasonably require to carry out their activities.
• (i) It shall be the responsibility of the United States Trade Representative, in conjunction with the Secretaries of Commerce, Labor, Agriculture, the Treasury, or other executive departments, as appropriate, to adopt procedures for consultation with and obtaining information and advice from the advisory committees established under subsection (c) on a continuing and timely basis. Such consultation shall include the provision of information to each advisory committee as to—
  • (1) significant issues and developments; and
  • (2) overall negotiating objectives and positions of the United States and other parties;
• (j) In addition to any advisory committee established under this section, the President shall provide adequate, timely and continuing opportunity for the submission on an informal basis (and, if such information is submitted under the provisions of subsection (g), on a confidential basis) by private organizations or groups, representing government, labor, industry, agriculture, small business, service industries, consumer interests, and others, of statistics, data and other trade information, as well as policy recommendations, pertinent to any matter referred to in subsection (a).
• (k) Nothing contained in this section shall be construed to authorize or permit any individual to participate directly in any negotiation of any matters referred to in subsection (a). To the maximum extent practicable, the members of the committees established under subsections (b) and (c), and other appropriate parties, shall be informed and consulted before and during any such negotiations. They may be designated as advisors to a negotiating delegation, and may be permitted to participate in international meetings to the extent the head of the United States delegation deems appropriate. However, they may not speak or negotiate for the United States.
• (l) The provisions of title XVIII of the Food and Agriculture Act of 1977 ( 7 U.S.C. 2281 et seq.) shall not apply to any advisory committee established under subsection (c).
• (m) As used in this section, the term “non-Federal government” means—
  • (1) any State, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof; or
  • (2) any agency or instrumentality of any entity described in paragraph (1).

§ 2171. Structure, functions, powers, and personnel

• (a) 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)
  • (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, one Chief Agricultural Negotiator, and one Chief Innovation and Intellectual Property 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, the Chief Agricultural Negotiator, or the Chief Innovation and Intellectual Property 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, the Chief Agricultural Negotiator, and the Chief Innovation and Intellectual Property Negotiator shall hold office at the pleasure of the President and shall have the rank of Ambassador.
  • (3) There shall be in the Office one Chief Transparency Officer. The Chief Transparency Officer shall consult with Congress on transparency policy, coordinate transparency in trade negotiations, engage and assist the public, and advise the United States Trade Representative on transparency policy.
  • (4) 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.
  • (5)
    • (A) When the President submits to the Senate for its advice and consent a nomination of an individual for appointment as a Deputy United States Trade Representative under paragraph (2), the President shall include in that submission information on the country, regional offices, and functions of the Office of the United States Trade Representative with respect to which that individual will have responsibility.
    • (B) The President shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not less than 30 days prior to making any change to the responsibilities of any Deputy United States Trade Representative included in a submission under subparagraph (A), including the reason for that change.
• (c)
  • (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.
  • (6) The principal functions of the Chief Innovation and Intellectual Property Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States intellectual property and to take appropriate actions to address acts, policies, and practices of foreign governments that have a significant adverse impact on the value of United States innovation. The Chief Innovation and Intellectual Property Negotiator shall be a vigorous advocate on behalf of United States innovation and intellectual property interests. The Chief Innovation and Intellectual Property Negotiator shall perform such other functions as the United States Trade Representative may direct.
• (d)
  • (1) In carrying out subsection (c) with respect to unfair trade practices, the United States Trade Representative shall—
    • (A) coordinate the application of interagency resources, including resources of the Interagency Center on Trade Implementation, Monitoring, and Enforcement established under subsection (h), 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.
  • (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) 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 1 1 So in original. Probably should be section “5315”. of title 5;
  • (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) 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)
  • (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.
• (h)
  • (1) There is established in the Office of the United States Trade Representative an Interagency Center on Trade Implementation, Monitoring, and Enforcement (in this section referred to as the “Center”).
  • (2) The Center shall support the activities of the United States Trade Representative in—
    • (A) investigating potential disputes under the auspices of the World Trade Organization;
    • (B) investigating potential disputes pursuant to bilateral and regional trade agreements to which the United States is a party;
    • (C) carrying out the functions of the United States Trade Representative under this section with respect to the monitoring and enforcement of trade agreements to which the United States is a party; and
    • (D) monitoring measures taken by parties to implement provisions of trade agreements to which the United States is a party.
  • (3)
    • (A) The head of the Center shall be a Director, who shall be appointed by the United States Trade Representative.
    • (B) A Federal agency may, in consultation with and with the approval of the United States Trade Representative, detail or assign one or more employees to the Center without any reimbursement from the Center to support the functions of the Center.

§ 2191. Bills implementing trade agreements on nontariff barriers and resolutions approving commercial agreements with Communist countries

• (a) 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), implementing revenue bills described in subsection (b)(2), approval resolutions described in subsection (b)(3), 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) 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) 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 4205(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)
  • (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 4205(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) 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)
  • (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)
  • (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)
  • (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.

§ 2192. Resolutions disapproving certain actions

• (a)
  • (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) 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)
  • (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 1 1 So in original. Probably should not be capitalized. has reported a resolution with respect to the same matter.
  • (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)
  • (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)
  • (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)
  • (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) 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.

§ 2193. Resolutions relating to extension of waiver authority under section 402 of the Trade Act of 1974

• (a) 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)
  • (1) Except as provided in this section, the provisions of section 2192 of this title shall apply to resolutions described in subsection (a).
  • (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) 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) received from the other House), if that House has adopted a resolution with respect to the same recommendation.
• (d)
  • (1) Consideration in the Senate of the conference report on any joint resolution described in subsection (a), 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.

§ 2194. Special rules relating to Congressional procedures

• (a) 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) 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.

§ 2211. Congressional advisers for trade policy and negotiations

• (a)
  • (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.
    • (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)
  • (1) The United States Trade Representative shall keep each official adviser designated under subsection (a)(1) 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) 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)) and staff members of their respective committees who shall have access to the information provided to official advisers under paragraph (1).
    • (B) The Chairman 1 1 So in original. Probably should not be capitalized. of any committee of the House or Senate or any joint committee of Congress from which official advisers are selected under subsection (a)(2) 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).
• (c) 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.

§ 2212. Transmission of agreements to Congress

• (a) As soon as practicable after a trade agreement entered into under section 2133 or 2134 of this title or under section 4202 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) 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). For purposes of this subsection, the term “Member” includes any Delegate or Resident Commissioner.

§ 2213. Reports

• (a)
  • (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;
    • (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; and
    • (L) the operation of the Interagency Center on Trade Implementation, Monitoring, and Enforcement established under section 2171(h) of this title , including—
      • (i) information relating to the personnel of the Center, including a description of any employees detailed or assigned to the Center by a Federal agency under paragraph (3)(B) of such section;
      • (ii) information relating to the functions of the Center; and
      • (iii) an assessment of the operating costs of the Center.
  • (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)
  • (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,
    • (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) 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) 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.
• (d)
  • (1) Pursuant to the goals and objectives of the strategic plan of the Office of the United States Trade Representative as required under section 306 of title 5 , the Trade Representative shall, every 4 years, develop a plan—
    • (A) to analyze internal quality controls and record management of the Office;
    • (B) to identify existing staff of the Office and new staff that will be necessary to support the trade negotiation and enforcement functions and powers of the Office (including those functions and powers of the Trade Policy Staff Committee) as described in section 2171 of this title and section 2411 of this title ;
    • (C) to identify existing staff of the Office and staff in other Federal agencies who will be required to be detailed or assigned to support interagency programs led by the Trade Representative, including any associated expenses;
    • (D) to provide an outline of budget justifications, including salaries and expenses as well as nonpersonnel administrative expenses, for the fiscal years required under the strategic plan; and
    • (E) to provide an outline of budget justifications, including salaries and expenses as well as nonpersonnel administrative expenses, for interagency programs led by the Trade Representative for the fiscal years required under the strategic plan.
  • (2)
    • (A) The Trade Representative shall submit to the appropriate congressional committees a report that contains the plan required under paragraph (1). Except as provided in subparagraph (B), the report required under this subparagraph shall be submitted in conjunction with the strategic plan of the Office as required under section 306 of title 5 .
    • (B) The Trade Representative shall submit to the appropriate congressional committees an initial report that contains the plan required under paragraph (1) not later than June 1, 2016 .
    • (C) In this paragraph, the term “appropriate congressional committees” means—
      • (i) the Committee on Finance and the Committee on Appropriations of the Senate; and
      • (ii) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives.

§ 2231. Change of name

• (a) The United States Tariff Commission (established by section 1330 of this title ) is renamed as the United States International Trade Commission.
• (b) 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.

§ 2232. Independent budget and authorization of appropriations

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.

§ 2241. Estimates of barriers to market access

• (a)
  • (1) 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; 1 1 So in original. The semicolon probably should be a comma. and
      • (iii) United States electronic commerce, 2 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,
  • (2) 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,
  • (3) For calender 4 4 So in original. Probably should be “calendar”. year 2012 and each succeeding calendar year, the Trade Representative shall include in the analyses and estimates under paragraph (1) an identification and analysis of any laws, policies, or practices of the Russian Federation that deny fair and equitable market access to United States digital trade.
  • (4) The Trade Representative shall annually revise and update the analysis and estimate under paragraph (1).
• (b)
  • (1) 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) 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) 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) 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)
  • (1) 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), the Trade Representative shall consult in particular with the Attorney General.
  • (2) 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) 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) For purposes of this section, the term “electronic commerce” has the meaning given that term in section 1104(3) 5 5 So in original. See References in Text note below. of the Internet Tax Freedom Act.

§ 2242. Identification of countries that deny adequate protection, or market access, for intellectual property rights

• (a) 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)
  • (1) In identifying priority foreign countries under subsection (a)(2), 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,
  • (2) In identifying priority foreign countries under subsection (a)(2), 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) 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).
  • (4) In identifying foreign countries under paragraphs (1) and (2) of subsection (a), 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), 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)
  • (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,
  • (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) 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, trade secrets, 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) The Trade Representative shall publish in the Federal Register a list of foreign countries identified under subsection (a) and shall make such revisions to the list as may be required by reason of action under subsection (c).
• (f)
  • (1) 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 32.6 of the USMCA (as defined in section 4502 of this title ).
  • (2) 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), unless the United States has already taken action pursuant to article 32.6 of the USMCA 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) 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)
  • (1)
    • (A) Not later than 90 days after the date on which the Trade Representative submits the National Trade Estimate under section 2241(b) of this title , the Trade Representative shall develop an action plan described in subparagraph (C) with respect to each foreign country described in subparagraph (B).
    • (B) The Trade Representative shall develop an action plan under subparagraph (A) with respect to each foreign country that—
      • (i) the Trade Representative has identified for placement on the priority watch list; and
      • (ii) has remained on such list for at least one year.
    • (C) An action plan developed under subparagraph (A) shall contain the benchmarks described in subparagraph (D) and be designed to assist the foreign country—
      • (i) to achieve—
        • (I) adequate and effective protection of intellectual property rights; and
        • (II) fair and equitable market access for United States persons that rely upon intellectual property protection; or
      • (ii) to make significant progress toward achieving the goals described in clause (i).
    • (D) The benchmarks contained in an action plan developed pursuant to subparagraph (A) are such legislative, institutional, enforcement, or other actions as the Trade Representative determines to be necessary for the foreign country to achieve the goals described in clause (i) or (ii) of subparagraph (C).
  • (2) If, as of one year after the date on which an action plan is developed under paragraph (1)(A), the President, in consultation with the Trade Representative, determines that the foreign country to which the action plan applies has not substantially complied with the benchmarks described in paragraph (1)(D), the President may take appropriate action with respect to the foreign country.
  • (3) In this subsection, the term “priority watch list” means the priority watch list established by the Trade Representative pursuant to subsection (a).
• (h) Not later than 30 days after the date on which the Trade Representative submits the National Trade Estimate under section 2241(b) of this title , the Trade Representative shall submit 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—
  • (1) a list of any foreign countries identified under subsection (a);
  • (2) a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights; and
  • (3) a description of the action plans developed under subsection (g) and any actions taken by foreign countries under such plans.

§ 2251. Action to facilitate positive adjustment to import competition

• (a) 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)
  • (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 .

§ 2252. Investigations, determinations, and recommendations by Commission

• (a)
  • (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), request provisional relief under subsection (d)(1); or
      • (ii) request provisional relief under subsection (d)(2).
  • (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), any—
      • (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,
  • (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, title II of the United States-Jordan Free Trade Area Implementation Act, title III of the United States-Chile Free Trade Agreement Implementation Act, title III of the United States-Singapore Free Trade Agreement Implementation Act, title III of the United States-Australia Free Trade Agreement Implementation Act, title III of the United States-Morocco Free Trade Agreement Implementation Act, title III of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act [ 19 U.S.C. 4051 et seq.], title III of the United States-Bahrain Free Trade Agreement Implementation Act, title III of the United States-Oman Free Trade Agreement Implementation Act, title III of the United States-Peru Trade Promotion Agreement Implementation Act, title III of the United States–Korea Free Trade Agreement Implementation Act, title III of the United States–Colombia Trade Promotion Agreement Implementation Act,, 1 1 So in original. title III of the United States-Panama Trade Promotion Agreement Implementation Act, and subtitle C of title III of the United States-Mexico-Canada Agreement Implementation Act [ 19 U.S.C. 4571 et seq.]. 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)
  • (1)
    • (A) Upon the filing of a petition under subsection (a), 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) 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), to respond to the presentations of other parties and consumers, and otherwise to be heard.
• (c)
  • (1) In making determinations under subsection (b), 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), 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.
  • (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), 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)
  • (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).
    • (C) If a petition filed under subsection (a)—
      • (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;
        • (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) 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) 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) 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.
    • (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)
  • (1) If the Commission makes an affirmative determination under subsection (b)(1), 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),
      • (iii) any individual commitment that was submitted to the Commission under subsection (a)(6),
      • (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) 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), separate views regarding what action, if any, should be taken under section 2253 of this title .
• (f)
  • (1) The Commission shall submit to the President a report on each investigation undertaken under subsection (b). 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) and an explanation of the basis for the determination.
    • (B) If the determination under subsection (b) is affirmative, the recommendations for action made under subsection (e) 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).
    • (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 2 2 So in original. Probably should be “subsection”. (e) is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers, and
      • (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) and any other information which the Commission determines to be confidential) and cause a summary thereof to be published in the Federal Register.
• (g) If the Commission makes an affirmative determination under subsection (b)(1), 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)
  • (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) 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.

§ 2253. Action by President after determination of import injury

• (a)
  • (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), 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)
  • (1) On the day the President takes action under subsection (a)(1), 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) 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) 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) If the President reports under subsection (b)(1) or (2) that—
  • (1) the action taken under subsection (a)(1) 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) with respect to the domestic industry;
• (d)
  • (1) Except as provided in paragraph (2), any action described in subsection (a)(3)(A), (B), or (C), that is taken under subsection (a)(1) 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) in which case the action under subsection (a)(3)(A), (B), or (C) shall be proclaimed and take effect within 90 days after the date of such decision.
  • (2) If the contingency set forth in subsection (c) 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)
  • (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) may be taken under subsection (a)(1), 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) 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;
    • (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.
  • (7)
    • (A) If an article was the subject of an action under subparagraph (A), (B), (C), or (E) of subsection (a)(3), 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,
    • (B) Notwithstanding subparagraph (A), if the previous action under subparagraph (A), (B), (C), or (E) of subsection (a)(3) 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)
  • (1) If the President takes action under this section other than the implemention 1 1 So in original. Probably should be “implementation”. of agreements of the type described in subsection (a)(3)(E), the President may, after such action takes effect, negotiate agreements of the type described in subsection (a)(3)(E), and may, after such agreements take effect, suspend or terminate, in whole or in part, any action previously taken.
  • (2) If an agreement implemented under subsection (a)(3)(E) is not effective, the President may, consistent with the limitations contained in subsection (e), take additional action under subsection (a).
• (g)
  • (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) 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.

§ 2254. Monitoring, modification, and termination of action

• (a)
  • (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)
  • (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)) if the President—
    • (A) after taking into account any report or advice submitted by the Commission under subsection (a) 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,
    • (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)
  • (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)
  • (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)
  • (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).

§ 2255. Trade monitoring

• (a)
  • (1) Not later than 180 days after February 24, 2016 , the Commission shall make available on a website of the Commission an import monitoring tool to allow the public access to data on the volume and value of goods imported to the United States for the purpose of assessing whether such data has changed with respect to such goods over a period of time.
  • (2) For purposes of the monitoring tool under paragraph (1), the Commission shall use data compiled by the Department of Commerce and such other government data as the Commission considers appropriate.
  • (3) The Commission shall ensure that data accessed through the monitoring tool under paragraph (1) includes data for the most recent quarter for which such data are available and previous quarters as the Commission considers practicable.
• (b)
  • (1) Not later than 270 days after February 24, 2016 , and not less frequently than quarterly thereafter, the Secretary of Commerce shall publish on a website of the Department of Commerce, and notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of the availability of, a monitoring report on changes in the volume and value of trade with respect to imports and exports of goods categorized based on the 6-digit subheading number of the goods under the Harmonized Tariff Schedule of the United States during the most recent quarter for which such data are available and previous quarters as the Secretary considers practicable.
  • (2) Not later than one year after February 24, 2016 , the Secretary of Commerce shall solicit through the Federal Register public comment on the monitoring reports described in paragraph (1).
• (c) The requirements under this section terminate on the date that is seven years after February 24, 2016 .

§ 2271. Petitions

• (a)
  • (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 of Labor and with the Governor of the State in which such workers’ firm (as defined in section 2319 of this title ) is located by any of the following:
    • (A) The group of workers.
    • (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 3102 of title 29 ) including State employment security agencies, or a State dislocated worker unit, on behalf of such workers.
  • (2) Upon receipt of a petition filed under paragraph (1), the Governor shall—
    • (A) ensure that rapid response activities and appropriate career services (as described in section 3174 of title 29 ) 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 and on the website of the Department of Labor that the Secretary has received the petition and initiated an investigation.
• (b) 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) 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.

§ 2272. Group eligibility requirements; agricultural workers; oil and natural gas industry

• (a) A group of workers 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 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 have decreased absolutely;
      • (ii)
        • (I) imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased;
        • (II) imports of articles like or directly competitive with articles—
        • (III) imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm 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
    • (B)
      • (i)
        • (I) there has been a shift by such workers’ firm to a foreign country in the production of articles or the supply of services like or directly competitive with articles which are produced or services which are supplied by such firm; or
        • (II) such workers’ firm has acquired from a foreign country articles or services that are like or directly competitive with articles which are produced or services which are supplied by such firm; and
      • (ii) the shift described in clause (i)(I) or the acquisition of articles or services described in clause (i)(II) contributed importantly to such workers’ separation or threat of separation.
• (b) A group of workers shall be certified by the Secretary as eligible to apply for trade adjustment assistance benefits 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 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 is a supplier or downstream producer to a firm that employed a group of workers who received a certification of eligibility under subsection (a), and such supply or production is related to the article or service that was the basis for such certification (as defined in subsection (c)(3) and (4)); and
  • (3) either—
    • (A) the workers’ firm is a supplier and the component parts it supplied to the firm 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 described in paragraph (2) contributed importantly to the workers’ separation or threat of separation determined under paragraph (1).
• (c) 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 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 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)
    • (A) The term “downstream producer” means a firm that performs additional, value-added production processes or services directly for another firm for articles or services with respect to which a group of workers in such other firm has been certified under subsection (a).
    • (B) For purposes of subparagraph (A), value-added production processes or services include final assembly, finishing, testing, packaging, or maintenance or transportation services.
  • (4) The term “supplier” means a firm that produces and supplies directly to another firm component parts for articles, or services, used in the production of articles or in the supply of services, as the case may be, that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm.
• (d)
  • (1) The Secretary shall, in determining whether to certify a group of workers under section 2273 of this title , obtain from the workers’ firm, or a customer of the workers’ firm, information the Secretary determines to be necessary to make the certification, through questionnaires and in such other manner as the Secretary determines appropriate.
  • (2) The Secretary may seek additional information to determine whether to certify a group of workers under subsection (a) or (b)—
    • (A) by contacting—
      • (i) officials or employees of the workers’ firm;
      • (ii) officials of customers of the workers’ firm;
      • (iii) officials of certified or recognized unions or other duly authorized representatives of the group of workers; or
      • (iv) one-stop operators or one-stop partners (as defined in section 3102 of title 29 ); or
    • (B) by using other available sources of information.
  • (3)
    • (A) The Secretary shall require a firm or customer to certify—
      • (i) all information obtained under paragraph (1) from the firm or customer (as the case may be) through questionnaires; and
      • (ii) all other information obtained under paragraph (1) from the firm or customer (as the case may be) on which the Secretary relies in making a determination under section 2273 of this title , unless the Secretary has a reasonable basis for determining that such information is accurate and complete without being certified.
    • (B) The Secretary shall require the workers’ firm or a customer of the workers’ firm to provide information requested by the Secretary under paragraph (1) by subpoena pursuant to section 2321 of this title if the firm or customer (as the case may be) fails to provide the information within 20 days after the date of the Secretary’s request, unless the firm or customer (as the case may be) demonstrates to the satisfaction of the Secretary that the firm or customer (as the case may be) will provide the information within a reasonable period of time.
    • (C) The Secretary may not release information obtained under paragraph (1) that the Secretary considers to be confidential business information unless the firm or customer (as the case may be) submitting the confidential business information had notice, at the time of submission, that the information would be released by the Secretary, or the firm or customer (as the case may be) subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court.
• (e) Notwithstanding any other provision of this part, a group of workers covered by a petition filed under section 2271 of this title shall be certified under subsection (a) as eligible to apply for adjustment assistance under this part if—
  • (1) the workers’ firm is publicly identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in—
    • (A) an affirmative determination of serious injury or threat thereof under section 2252(b)(1) of this title ;
    • (B) an affirmative determination of market disruption or threat thereof under section 2451(b)(1) of this title ; or
    • (C) an affirmative final determination of material injury or threat thereof under section 1671d(b)(1)(A) or 1673d(b)(1)(A) of this title;
  • (2) the petition is filed during the one-year period beginning on the date on which—
    • (A) a summary of the report submitted to the President by the International Trade Commission under section 2252(f)(1) of this title with respect to the affirmative determination described in paragraph (1)(A) is published in the Federal Register under section 2252(f)(3) of this title ; or
    • (B) notice of an affirmative determination described in subparagraph (B) or (C) of paragraph (1) is published in the Federal Register; and
  • (3) the workers have become totally or partially separated from the workers’ firm within—
    • (A) the one-year period described in paragraph (2); or
    • (B) notwithstanding section 2273(b) of this title , the one-year period preceding the one-year period described in paragraph (2).

§ 2273. Determinations by Secretary of Labor

• (a) 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) A certification under this section shall not apply to any worker whose last total or partial separation from the firm before the worker’s application under section 2291 of this title occurred more than one year before the date of the petition on which such certification was granted.
• (c) Upon reaching a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register and on the website of the Department of Labor, together with the Secretary’s reasons for making such determination.
• (d) Whenever the Secretary determines, with respect to any certification of eligibility of the workers of a firm, that total or partial separations from such firm are no longer attributable to the conditions specified in section 2272 of this title , the Secretary shall terminate such certification and promptly have notice of such termination published in the Federal Register and on the website of the Department of Labor, together with the Secretary’s 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.
• (e)
  • (1) The Secretary shall establish standards, including data requirements, for investigations of petitions filed under section 2271 of this title and criteria for making determinations under subsection (a).
  • (2) Not less than 90 days before issuing a final rule with respect to the standards required under paragraph (1), the Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to such rule.

§ 2274. Study and notifications regarding certain affirmative determinations; industry notification of assistance

• (a) 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) The report of the Secretary of the study under subsection (a) 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 and on the website of the Department of Labor.
• (c) Upon making an affirmative determination under section 2252(b)(1) of this title , the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination.
• (d)
  • (1) Upon making an affirmative determination under section 2451(b)(1) of this title , the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination.
  • (2) Upon making an affirmative determination in a proceeding initiated under an applicable safeguard provision (other than a provision described in paragraph (3)) that is enacted to implement a trade agreement to which the United States is a party, the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination.
  • (3) Upon making an affirmative determination in a proceeding initiated under any safeguard provision relating to textile and apparel articles that is enacted to implement a trade agreement to which the United States is a party, the President shall promptly notify the Secretary of Labor and the Secretary of Commerce of the determination.
• (e) Upon making an affirmative determination under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 ( 19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination.
• (f) Upon receiving a notification of a determination under subsection (c), (d), or (e) with respect to a domestic industry—
  • (1) the Secretary of Labor shall—
    • (A) notify the representatives of the domestic industry affected by the determination, firms publicly identified by name during the course of the proceeding relating to the determination, and any certified or recognized union or, to the extent practicable, other duly authorized representative of workers employed by such representatives of the domestic industry, of—
      • (i) the allowances, training, employment services, and other benefits available under this part;
      • (ii) the manner in which to file a petition and apply for such benefits; and
      • (iii) the availability of assistance in filing such petitions;
    • (B) notify the Governor of each State in which one or more firms in the industry described in subparagraph (A) are located of the Commission’s determination and the identity of the firms; and
    • (C) upon request, provide any assistance that is necessary to file a petition under section 2271 of this title ;
  • (2) the Secretary of Commerce shall—
    • (A) notify the representatives of the domestic industry affected by the determination and any firms publicly identified by name during the course of the proceeding relating to the determination of—
      • (i) the benefits available under part 3;
      • (ii) the manner in which to file a petition and apply for such benefits; and
      • (iii) the availability of assistance in filing such petitions; and
    • (B) upon request, provide any assistance that is necessary to file a petition under section 2341 of this title ; and
  • (3) in the case of an affirmative determination based upon imports of an agricultural commodity, the Secretary of Agriculture shall—
    • (A) notify representatives of the domestic industry affected by the determination and any agricultural commodity producers publicly identified by name during the course of the proceeding relating to the determination of—
      • (i) the benefits available under part 6;
      • (ii) the manner in which to file a petition and apply for such benefits; and
      • (iii) the availability of assistance in filing such petitions; and
    • (B) upon request, provide any assistance that is necessary to file a petition under section 2401a of this title .
• (g) For purposes of subsection (f), the term “representatives of the domestic industry” means the persons that petitioned for relief in connection with—
  • (1) a proceeding under section 2252 or 2451 of this title;
  • (2) a proceeding under section 702(b) or 732(b) of the Tariff Act of 1930 ( 19 U.S.C. 1671d(b) and 1673d(b) 1 1 So in original. Probably should be “1671a(b) and 1673a(b)”. ); or
  • (3) any safeguard investigation described in subsection (d)(2) or (d)(3).

§ 2275. Benefit information for workers

• (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.
• (c) Upon issuing a certification under section 2273 of this title , the Secretary shall notify the Secretary of Commerce of the identity of each firm covered by the certification.

§ 2291. Qualifying requirements for workers

• (a) 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 on or after the date of such certification, if the following conditions are met:
  • (1) Such worker’s total or partial separation before the worker’s application under this part occurred—
    • (A) on or after the date, as specified in the certification under which the worker 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, 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
    • (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 ,
  • (3) Such worker—
    • (A) was entitled to (or would be entitled to if the worker 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 the worker was entitled (or would be entitled if the worker applied therefor); and
    • (C) does not have an unexpired waiting period applicable to the worker 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) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs after the date on which the Secretary issues a certification covering the worker, the last day of the 26th week after such total separation,
        • (II) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs before the date on which the Secretary issues a certification covering the worker, the last day of the 26th week after the date of such certification,
        • (III) 45 days after the date specified in subclause (I) or (II), as the case may be, if the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period,
        • (IV) in the case of a worker who fails to enroll by the date required by subclause (I), (II), or (III), as the case may be, due to the failure to provide the worker with timely information regarding the date specified in such subclause, the last day of a period determined by the Secretary, or
        • (V) 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),
    • (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) after the date described in subparagraph (B).
• (b) If—
  • (1) the Secretary determines that—
    • (A) 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), or
      • (ii) has ceased to participate in such training program before completing such training program, and
    • (B) there is no justifiable cause for such failure or cessation, or
  • (2) the certification made with respect to such worker under subsection (c)(1) is revoked under subsection (c)(2),
• (c)
  • (1) 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) if the Secretary determines that it is not feasible or appropriate for the worker, because of 1 or more of the following reasons:
    • (A) 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.
    • (B) 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.
    • (C) Training approved by the Secretary is not reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section 2302 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.
  • (2)
    • (A) Except as provided in paragraph (3)(B), 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) 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)
    • (A) An agreement under section 2311 of this title shall authorize a cooperating State to issue waivers as described in paragraph (1).
    • (B) An agreement under section 2311 of this title shall require a cooperating State to review each waiver issued by the State under subparagraph (A), (B), or (C) of paragraph (1)—
      • (i) 3 months after the date on which the State issues the waiver; and
      • (ii) on a monthly basis thereafter.
    • (C) 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.

§ 2292. Weekly amounts of readjustment allowance

• (a) Subject to subsections (b), (c), and (d), the trade readjustment allowance payable to an adversely affected worker for a week of 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); and
  • (2) income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable State law or Federal unemployment insurance law, except that in the case of an adversely affected worker who is participating in training under this part, such income shall not include earnings from work for such week that are equal to or less than 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 ).
• (b) 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) 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) 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.
• (d) Notwithstanding section 2291(a)(3)(B) of this title , an adversely affected worker may elect to receive a trade readjustment allowance instead of unemployment insurance during any week with respect to which the worker—
  • (1) is entitled to receive unemployment insurance as a result of the establishment by the worker of a new benefit year under State law, based in whole or in part upon part-time or short-term employment in which the worker engaged after the worker’s most recent total separation from adversely affected employment; and
  • (2) is otherwise entitled to a trade readjustment allowance.

§ 2293. Limitations on trade readjustment allowances

• (a)
  • (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 under paragraph (1) shall not be paid for any week occurring after the close of the 104-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 a training program approved for the worker 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 65 additional weeks in the 78-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).
• (b) Amounts payable to an adversely affected worker under this division shall be subject to such adjustment on a week-to-week basis as may be required by section 2292(b) of this title .
• (c) 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 this division. 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.
• (d) No trade readjustment allowance shall be paid to a worker under this division for any week during which the worker is receiving on-the-job training.
• (e) 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.
• (f) 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 that leads to the completion of a degree or industry-recognized credential, payments may be made as trade readjustment allowances for not more than 13 weeks within such period of eligibility as the Secretary may prescribe to account for a break in training or for justifiable cause that follows the last week for which the worker is otherwise entitled to a trade readjustment allowance under this part if—
  • (1) payment of the trade readjustment allowance for not more than 13 weeks is necessary for the worker to complete the training;
  • (2) the worker participates in training in each such week; and
  • (3) the worker—
    • (A) has substantially met the performance benchmarks established as part of the training approved for the worker;
    • (B) is expected to continue to make progress toward the completion of the training; and
    • (C) will complete the training during that period of eligibility.
• (g) Notwithstanding any other provision of this part, any period during which a judicial or administrative appeal is pending with respect to the denial by the Secretary of a petition under section 2273 of this title shall not be counted for purposes of calculating the period of separation under subsection (a)(2).
• (h) If the Secretary determines that there is justifiable cause, the Secretary may extend the period during which trade readjustment allowances are payable to an adversely affected worker under paragraphs (2) and (3) of subsection (a) (but not the maximum amounts of such allowances that are payable under this section).
• (i)
  • (1) Notwithstanding any other provision of this part, the Secretary may waive any requirement of this part that the Secretary determines is necessary to ensure that an adversely affected worker who is a member of a reserve component of the Armed Forces and serves a period of duty described in paragraph (2) is eligible to receive a trade readjustment allowance, training, and other benefits under this part in the same manner and to the same extent as if the worker had not served the period of duty.
  • (2) An adversely affected worker serves a period of duty described in this paragraph if, before completing training under section 2296 of this title , the worker—
    • (A) serves on active duty for a period of more than 30 days under a call or order to active duty of more than 30 days; or
    • (B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performs full-time National Guard duty under section 502(f) of title 32 for 30 consecutive days or more when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.

§ 2294. Application of State laws

• (a) 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,
• (b) The Secretary shall establish procedures and criteria that allow for a waiver for good cause of the time limitations with respect to an application for a trade readjustment allowance or enrollment in training under this part.

§ 2295. Employment and case management services

The Secretary shall make available, directly or through agreements with States under section 2311 of this title , to adversely affected workers and adversely affected incumbent workers covered by a certification under subpart A of this part the following employment and case management services:

• (1) Comprehensive and specialized assessment of skill levels and service needs, including through—
  • (A) diagnostic testing and use of other assessment tools; and
  • (B) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
• (2) Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives.
• (3) Information on training available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training.
• (4) Information on how to apply for financial aid, including referring workers to educational opportunity centers described in section 402F of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–16 ), where applicable, and notifying workers that the workers may request financial aid administrators at institutions of higher education (as defined in section 102 of such Act ( 20 U.S.C. 1002 )) to use the administrators’ discretion under section 479A of such Act ( 20 U.S.C. 1087tt ) to use current year income data, rather than preceding year income data, for determining the amount of need of the workers for Federal financial assistance under title IV of such Act ( 20 U.S.C. 1070 et seq.).
• (5) Short-term prevocational services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for employment or training.
• (6) Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving a trade adjustment allowance or training under this part, and after receiving such training for purposes of job placement.
• (7) Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including—
  • (A) job vacancy listings in such labor market areas;
  • (B) information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A);
  • (C) information relating to local occupations that are in demand and earnings potential of such occupations; and
  • (D) skills requirements for local occupations described in subparagraph (C).
• (8) Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training.

§ 2295a. Limitations on administrative expenses and employment and case management services

Of the funds made available to a State to carry out sections 2295 through 2298 of this title for a fiscal year, the State shall use—

• (1) not more than 10 percent for the administration of the trade adjustment assistance for workers program under this part, including for—
  • (A) processing waivers of training requirements under section 2291 of this title ;
  • (B) collecting, validating, and reporting data required under this part; and
  • (C) providing reemployment trade adjustment assistance under section 2318 of this title ; and
• (2) not less than 5 percent for employment and case management services under section 2295 of this title .

§ 2296. Training

• (a)
  • (1) If the Secretary determines, with respect to an adversely affected worker or an adversely affected incumbent worker, 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 career and technical education schools, as defined in section 2302 of title 20 , and employers) 1 1 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,
  • (2)
    • (A) The total amount of funds available to carry out this section and sections 2295, 2297, and 2298 of this title shall not exceed $450,000,000 for each of fiscal years 2015 through 2021.
    • (B)
      • (i) The Secretary shall, as soon as practicable after the beginning of each fiscal year, make an initial distribution of the funds made available to carry out this section and sections 2295, 2297, and 2298 of this title, in accordance with the requirements of subparagraph (C).
      • (ii) The Secretary shall ensure that not less than 90 percent of the funds made available to carry out this section and sections 2295, 2297, and 2298 of this title for a fiscal year are distributed to the States by not later than July 15 of that fiscal year.
    • (C)
      • (i) In making the initial distribution of funds pursuant to subparagraph (B)(i) for a fiscal year, the Secretary shall hold in reserve 35 percent of the funds made available to carry out this section and sections 2295, 2297, and 2298 of this title for that fiscal year for additional distributions during the remainder of the fiscal year.
      • (ii) Subject to clause (iii), in determining how to apportion the initial distribution of funds pursuant to subparagraph (B)(i) in a fiscal year, the Secretary shall take into account, with respect to each State—
        • (I) the trend in the number of workers covered by certifications of eligibility under this part during the most recent 4 consecutive calendar quarters for which data are available;
        • (II) the trend in the number of workers participating in training under this section during the most recent 4 consecutive calendar quarters for which data are available;
        • (III) the number of workers estimated to be participating in training under this section during the fiscal year;
        • (IV) the amount of funding estimated to be necessary to provide training approved under this section to such workers during the fiscal year; and
        • (V) such other factors as the Secretary considers appropriate to carry out this section and sections 2295, 2297, and 2298 of this title.
      • (iii) In no case may the amount of the initial distribution to a State pursuant to subparagraph (B)(i) in a fiscal year be less than 25 percent of the initial distribution to the State in the preceding fiscal year.
    • (D) The Secretary shall establish procedures for the distribution of the funds that remain available for the fiscal year after the initial distribution required under subparagraph (B)(i). Such procedures may include the distribution of funds pursuant to requests submitted by States in need of such funds.
    • (E) If, during a fiscal year, the Secretary estimates that the amount of funds necessary to carry out this section and sections 2295, 2297, and 2298 of this title will exceed the dollar amount limitation specified in subparagraph (A), the Secretary shall decide how the amount of funds made available to carry out this section and sections 2295, 2297, and 2298 of this title that have not been distributed at the time of the estimate will be apportioned among the States for the remainder of the 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 paragraph (1).
  • (4)
    • (A) If the costs of training an adversely affected worker or an adversely affected incumbent 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 or an adversely affected incumbent 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 or adversely affected incumbent 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 or adversely affected incumbent worker.
  • (5) Except as provided in paragraph (10), 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,
      • (ii) customized training, and
      • (iii) apprenticeship programs registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664 , chapter 663; 29 U.S.C. 50 et seq.),
    • (B) any training program provided by a State pursuant to title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3111 et seq.],
    • (C) any training program approved by a private industry council established under section 102 of such Act, 2 2 See References in Text note below.
    • (D) any program of remedial education,
    • (E) any program of prerequisite education or coursework required to enroll in training that may be approved under this section,
    • (F) 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 part, or
      • (ii) from any source other than this section,
    • (G) any other training program approved by the Secretary, and
    • (H) any training program or coursework at an accredited institution of higher education (described in section 1002 of title 20 ), including a training program or coursework for the purpose of—
      • (i) obtaining a degree or certification; or
      • (ii) completing a degree or certification that the worker had previously begun at an accredited institution of higher education.
  • (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 or adversely affected incumbent 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 or adversely affected incumbent 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)
    • (A) Subject to subparagraph (B), 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)
      • (i) In determining under paragraph (1)(E) whether a worker is qualified to undertake and complete training, the Secretary may approve training for a period longer than the worker’s period of eligibility for trade readjustment allowances under division I if the worker demonstrates a financial ability to complete the training after the expiration of the worker’s period of eligibility for such trade readjustment allowances.
      • (ii) In determining the reasonable cost of training under paragraph (1)(F) with respect to a worker, the Secretary may consider whether other public or private funds are reasonably available to the worker, except that the Secretary may not require a worker to obtain such funds as a condition of approval of training under paragraph (1).
  • (10) In the case of an adversely affected incumbent worker, the Secretary may not approve—
    • (A) on-the-job training under paragraph (5)(A)(i); or
    • (B) customized training under paragraph (5)(A)(ii), unless such training is for a position other than the worker’s adversely affected employment.
  • (11) If the Secretary determines that an adversely affected incumbent worker for whom the Secretary approved training under this section is no longer threatened with a total or partial separation, the Secretary shall terminate the approval of such training.
• (b) 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)
  • (1) The Secretary may approve on-the-job training for any adversely affected worker if—
    • (A) the worker meets the requirements for training to be approved under subsection (a)(1);
    • (B) the Secretary determines that on-the-job training—
      • (i) can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training;
      • (ii) is compatible with the skills of the worker;
      • (iii) includes a curriculum through which the worker will gain the knowledge or skills to become proficient in the job for which the worker is being trained; and
      • (iv) can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and
    • (C) the State determines that the on-the-job training program meets the requirements of clauses (iii) and (iv) of subparagraph (B).
  • (2) The Secretary shall pay the costs of on-the-job training approved under paragraph (1) in monthly installments.
  • (3)
    • (A) The Secretary shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements of the job for which the worker is being trained, the academic and occupational skill level of the worker, and the work experience of the worker are taken into consideration.
    • (B) Training under any such contract shall be limited to the period of time required for the worker receiving on-the-job training to become proficient in the job for which the worker is being trained, but may not exceed 104 weeks in any case.
  • (4) The Secretary shall not enter into a contract for on-the-job training with an employer that exhibits a pattern of failing to provide workers receiving on-the-job training from the employer with—
    • (A) continued, long-term employment as regular employees; and
    • (B) wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees who have worked a similar period of time and are doing the same type of work as workers receiving on-the-job training from the employer.
  • (5) The Secretary may pay the costs of on-the-job training, notwithstanding any other provision of this section, only if—
    • (A) 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),
    • (B) such training does not impair existing contracts for services or collective bargaining agreements,
    • (C) 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,
    • (D) no other individual is on layoff from the same, or any substantially equivalent, job for which such adversely affected worker is being trained,
    • (E) 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,
    • (F) 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,
    • (G) 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 ,
    • (H) 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,
    • (I) the employer has not received payment under subsection (a)(1) with respect to any other on-the-job training provided by such employer which failed to meet the requirements of subparagraphs (A), (B), (C), (D), (E), and (F), and
    • (J) the employer has not taken, at any time, any action which violated the terms of any certification described in subparagraph (H) 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).
• (d) An adversely affected worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subpart—
  • (1) because the worker—
    • (A) is enrolled in training approved under subsection (a);
    • (B) left work—
      • (i) that was not suitable employment in order to enroll in such training; or
      • (ii) that the worker engaged in on a temporary basis during a break in such training or a delay in the commencement of such training; or
    • (C) left on-the-job training not later than 30 days after commencing such training because the training did not meet the requirements of subsection (c)(1)(B); or
  • (2) because of the application to any such week in training of the provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work.
• (e) 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) 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.
• (g)
  • (1) The Secretary may approve full-time or part-time training for a worker under subsection (a).
  • (2) Notwithstanding paragraph (1), a worker participating in part-time training approved under subsection (a) may not receive a trade readjustment allowance under section 2291 of this title .

§ 2297. Job search allowances

• (a)
  • (1) Each State may use funds made available to the State to carry out sections 2295 through 2298 of this title to allow an adversely affected worker covered by a certification issued under subpart A of this part to file an application with the Secretary for payment of a job search allowance.
  • (2) The Secretary may grant an allowance pursuant to an application filed under paragraph (1) when all of the following apply:
    • (A) The allowance is paid to assist an adversely affected worker who has been totally separated in securing a job within the United States.
    • (B) The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
    • (C) 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.
• (b)
  • (1) Any allowance granted under subsection (a) shall provide reimbursement to the worker of not more than 90 percent of the necessary job search expenses of the worker as prescribed by the Secretary in regulations.
  • (2) Reimbursement under this subsection may not exceed $1,250 for any worker.
  • (3) 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) Notwithstanding subsection (b), a State may reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Secretary.

§ 2298. Relocation allowances

• (a)
  • (1) Each State may use funds made available to the State to carry out sections 2295 through 2298 of this title to allow an adversely affected worker covered by a certification issued under subpart A of this part to 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) A relocation allowance may be granted if all of the following terms and conditions are met:
    • (A) The relocation allowance will assist an adversely affected worker in relocating within the United States.
    • (B) The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
    • (C) The worker is totally separated from employment at the time relocation commences.
    • (D) 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) 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.
• (b) Any relocation allowance granted to a worker under subsection (a) shall include—
  • (1) not more than 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 specified in regulations prescribed by the Secretary) incurred in transporting the worker, the worker’s family, and household effects; and
  • (2) a lump sum equivalent to 3 times the worker’s average weekly wage, up to a maximum payment of $1,250.
• (c) 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.

§ 2311. Agreements with States

• (a) 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, shall receive applications for, and shall provide, payments on the basis provided in this part, (2) in accordance with subsection (f), shall make available to adversely affected workers and adversely affected incumbent workers covered by a certification under subpart A the employment and case management services described in section 2295 of this title , (3) shall make any certifications required under section 2291(c)(2) 1 1 See References in Text note below. of this title, and (4) shall otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this part.
• (b) Each agreement under this subpart shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated.
• (c) Each agreement under this subpart shall—
  • (1) provide the Secretary with the authority to collect any data the Secretary determines necessary to meet the requirements of this part; and
  • (2) specify the form and manner in which any such data requested by the Secretary shall be reported.
• (d) 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.
• (e) 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.
• (f) 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 Innovation and Opportunity Act [ 29 U.S.C. 3111 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.
• (g) Each cooperating State agency shall, in carrying out subsection (a)(2)—
  • (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 division I of subpart B of this part,
  • (4) perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under subpart A with respect to assistance and benefits available under this part, and
  • (5) make employment and case management services described in section 2295 of this title available to adversely affected workers and adversely affected incumbent workers covered by a certification under subpart A and, if funds provided to carry out this part are insufficient to make such services available, make arrangements to make such services available through other Federal programs.
• (h) 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 descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3112(b)(2)(B)(ii) , 3113(b)(3)(A)], a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act [ 29 U.S.C. 3111(d)(3)(F) ], and a description of the State’s rapid response activities under section 2271(a)(2)(A) of this title .
• (i)
  • (1) The Secretary shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation and administration of the trade adjustment assistance program under this part, including by means of monitoring the operation of control measures to improve the accuracy and timeliness of the data being collected and reported.
  • (2) For purposes of paragraph (1), the term “control measures” means measures that—
    • (A) are internal to a system used by a State to collect data; and
    • (B) are designed to ensure the accuracy and verifiability of such data.
• (j)
  • (1) Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Secretary on an annual basis comprehensive performance accountability measures, to consist of—
    • (A) the primary indicators of performance described in paragraph (2)(A);
    • (B) the additional indicators of performance described in paragraph (2)(B), if any; and
    • (C) a description of efforts made to improve outcomes for workers under the trade adjustment assistance program that promote efficiency and effectiveness.
  • (2)
    • (A)
      • (i) The primary indicators of performance referred to in paragraph (1)(A) shall consist of—
        • (I) the percentage and number of workers who received benefits under the trade adjustment assistance program who are in unsubsidized employment during the second calendar quarter after exit from the program;
        • (II) the percentage and number of workers who received benefits under the trade adjustment assistance program and who are in unsubsidized employment during the fourth calendar quarter after exit from the program;
        • (III) the median earnings of workers described in subclause (I);
        • (IV) the percentage and number of workers who received benefits under the trade adjustment assistance program who, subject to clause (ii), obtain a recognized postsecondary credential or a secondary school diploma or its recognized equivalent, during participation in the program or within 1 year after exit from the program; and
        • (V) the percentage and number of workers who received benefits under the trade adjustment assistance program who, during a year while receiving such benefits, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable gains in skills toward such a credential or employment.
      • (ii) For purposes of clause (i)(IV), a worker who received benefits under the trade adjustment assistance program who obtained a secondary school diploma or its recognized equivalent shall be included in the percentage counted for purposes of that clause only if the worker, in addition to obtaining such a diploma or its recognized equivalent, has obtained or retained employment or is in an education or training program leading to a recognized postsecondary credential within 1 year after exit from the program.
    • (B) The Secretary and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the trade adjustment assistance program under this part, as appropriate.
  • (3) In preparing the annual report required by paragraph (1), each cooperating State or cooperating State agency shall establish procedures that are consistent with guidelines to be issued by the Secretary to ensure that the measures reported are valid and reliable.
  • (4) The Secretary shall, on an annual basis, make available (including by electronic means), in an easily understandable format, the reports of cooperating States or cooperating State agencies required by paragraph (1) and the information contained in those reports.
• (k)
  • (1) An agreement under this subpart shall provide that the State shall periodically redetermine that a worker receiving benefits under this subpart who is not a citizen or national of the United States remains in a satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in section 1320b–7(d) of title 42 for purposes of establishing a worker’s eligibility for unemployment compensation, the State shall reverify the worker’s immigration status if the documentation provided during initial verification will expire during the period in which that worker is potentially eligible to receive benefits under this subpart. The State shall conduct such redetermination in a timely manner, utilizing the immigration status verification system described in section 1320b–7(d) of title 42 .
  • (2) The Secretary shall establish procedures to ensure the uniform application by the States of the requirements of this subsection.

§ 2312. Administration absent State agreement

• (a) 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) A final determination under subsection (a) 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 .

§ 2313. Payments to States

• (a) 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) 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) 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.

§ 2314. Liabilities of certifying and disbursing officers

• (a) 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) 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).

§ 2315. Fraud and recovery of overpayments

• (a)
  • (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), 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 shall waive such repayment if such agency or the Secretary determines that—
    • (A) the payment was made without fault on the part of such individual, and
    • (B) requiring such repayment would cause a financial hardship for the individual (or the individual’s household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household).
  • (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) 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,
• (c) 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) 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) Any amount recovered under this section shall be returned to the Treasury of the United States.

§ 2316. Penalties

Any person who—

• (1) 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 that person 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 , or
• (2) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Secretary during an investigation of a petition under section 2271 of this title ,

§ 2317. Authorization of appropriations

• (a) There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001 , and ending June 30, 2021 , such sums as may be necessary to carry out the purposes of this part.
• (b) 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.
• (c)
  • (1) The Secretary may—
    • (A) reallot funds that were allotted to any State to carry out sections 2295 through 2298 of this title and that remain unobligated by the State during the second or third fiscal year after the fiscal year in which the funds were provided to the State; and
    • (B) provide such realloted funds to States to carry out sections 2295 through 2298 of this title in accordance with procedures established by the Secretary.
  • (2) In establishing procedures under paragraph (1)(B), the Secretary shall include procedures that provide for the distribution of realloted funds under that paragraph pursuant to requests submitted by States in need of such funds.
  • (3) The reallotment of funds under paragraph (1) shall not extend the period for which such funds are available for expenditure.

§ 2318. Reemployment trade adjustment assistance program

• (a)
  • (1) The Secretary shall establish a reemployment trade adjustment assistance program that provides the benefits described in paragraph (2).
  • (2)
    • (A) A State shall use the funds provided to the State under section 2313 of this title to pay, for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be), to a worker described in paragraph (3)(B), 50 percent of the difference between—
      • (i) the wages received by the worker at the time of separation; and
      • (ii) the wages received by the worker from reemployment.
    • (B) A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive, for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be), a credit for health insurance costs under section 35 of title 26 .
    • (C) A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive training approved under section 2296 of this title and employment and case management services under section 2295 of this title .
  • (3)
    • (A) A group of workers certified under subpart A as eligible for adjustment assistance under subpart A is eligible for benefits described in paragraph (2) under the program established under paragraph (1).
    • (B) A worker in a group of workers described in subparagraph (A) may elect to receive benefits described in paragraph (2) under the program established under paragraph (1) if the worker—
      • (i) is at least 50 years of age;
      • (ii) earns not more than $50,000 each year in wages from reemployment;
      • (iii)
        • (I) is employed on a full-time basis as defined by the law of the State in which the worker is employed and is not enrolled in a training program approved under section 2296 of this title ; or
        • (II) is employed at least 20 hours per week and is enrolled in a training program approved under section 2296 of this title ; and
      • (iv) is not employed at the firm from which the worker was separated.
  • (4)
    • (A) In the case of a worker described in paragraph (3)(B) who has not received a trade readjustment allowance under division I of subpart B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period not to exceed 2 years beginning on the earlier of—
      • (i) the date on which the worker exhausts all rights to unemployment insurance based on the separation of the worker from the adversely affected employment that is the basis of the certification; or
      • (ii) the date on which the worker obtains reemployment described in paragraph (3)(B).
    • (B) In the case of a worker described in paragraph (3)(B) who has received a trade readjustment allowance under division I of subpart B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period of 104 weeks beginning on the date on which the worker obtains reemployment described in paragraph (3)(B), reduced by the total number of weeks for which the worker received such trade readjustment allowance.
  • (5)
    • (A) The payments described in paragraph (2)(A) made to a worker may not exceed—
      • (i) $10,000 per worker during the eligibility period under paragraph (4)(A); or
      • (ii) the amount described in subparagraph (B) per worker during the eligibility period under paragraph (4)(B).
    • (B) The amount described in this subparagraph is the amount equal to the product of—
      • (i) $10,000, and
      • (ii) the ratio of—
        • (I) the total number of weeks in the eligibility period under paragraph (4)(B) with respect to the worker, to
        • (II) 104 weeks.
  • (6)
    • (A) In the case of a worker described in paragraph (3)(B)(iii)(II), paragraph (2)(A) shall be applied by substituting the percentage described in subparagraph (B) for “50 percent”.
    • (B) The percentage described in this subparagraph is the percentage—
      • (i) equal to ½ of the ratio of—
        • (I) the number of weekly hours of employment of the worker referred to in paragraph (3)(B)(iii)(II), to
        • (II) the number of weekly hours of employment of the worker at the time of separation, but
      • (ii) in no case more than 50 percent.
  • (7) A worker described in paragraph (3)(B) may not receive a trade readjustment allowance under division I of subpart B pursuant to the certification described in paragraph (3)(A) during any week for which the worker receives a payment described in paragraph (2)(A).
• (b)
  • (1) Except as provided in paragraph (2), no payments may be made by a State under the program established under subsection (a)(1) after June 30, 2021 .
  • (2) Notwithstanding paragraph (1), a worker receiving payments under the program established under subsection (a)(1) on the termination date described in paragraph (1) shall continue to receive such payments if the worker meets the criteria described in subsection (a)(3).

§ 2319. Definitions

For purposes of this part—

• (1) The term “adversely affected employment” means employment in a firm, if workers of such firm 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, has been totally or partially separated from such employment.
• (3) The term “firm” means—
  • (A) a firm, including an agricultural firm or service sector firm; or
  • (B) an appropriate subdivision thereof.
• (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) 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.
• (8) The term “State agency” means the agency of the State which administers the State law.
• (9) The term “State law” means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of title 26 .
• (10) The term “total separation” means the layoff or severance of an individual from employment with a firm in which adversely affected employment exists.
• (11) 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).
• (12) The term “week” means a week as defined in the applicable State law.
• (13) 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.
• (14) 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.
• (15) The term “on-the-job training” means training provided by an employer to an individual who is employed by the employer.
• (16)
  • (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.
• (17) The term “service sector firm” means a firm engaged in the business of supplying services.
• (18) The term “adversely affected incumbent worker” means a worker who—
  • (A) is a member of a group of workers who have been certified as eligible to apply for adjustment assistance under subpart A;
  • (B) has not been totally or partially separated from adversely affected employment; and
  • (C) the Secretary determines, on an individual basis, is threatened with total or partial separation.
• (19) The term “recognized postsecondary credential” means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by a State or the Federal Government, or an associate or baccalaureate degree.

§ 2320. Regulations

• (a) The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.
• (b) Not later than 90 days before issuing a regulation under subsection (a), the Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the regulation.

§ 2321. Subpoena power

• (a) The Secretary may require by subpoena the attendance of witnesses and the production of evidence necessary for the Secretary to make a determination under the provisions of this part.
• (b) If a person refuses to obey a subpoena issued under subsection (a), 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 subpoena.

§ 2322. Office of Trade Adjustment Assistance

• (a) There is established in the Department of Labor an office to be known as the Office of Trade Adjustment Assistance (in this section referred to as the “Office”).
• (b) The head of the Office shall be an administrator, who shall report directly to the Deputy Assistant Secretary for Employment and Training.
• (c) The principal functions of the administrator of the Office shall be—
  • (1) to oversee and implement the administration of trade adjustment assistance program under this part; and
  • (2) to carry out functions delegated to the Secretary of Labor under this part, including—
    • (A) making determinations under section 2273 of this title ;
    • (B) providing information under section 2275 of this title about trade adjustment assistance to workers and assisting such workers to prepare petitions or applications for program benefits;
    • (C) providing assistance to employers of groups of workers that have filed petitions under section 2271 of this title in submitting information required by the Secretary relating to the petitions;
    • (D) ensuring workers covered by a certification of eligibility under subpart A receive the employment and case management services described in section 2295 of this title ;
    • (E) ensuring that States fully comply with agreements entered into under section 2311 of this title ;
    • (F) advocating for workers applying for benefits available under this part;
    • (G) establishing and overseeing a hotline that workers, employers, and other entities may call to obtain information regarding eligibility criteria, procedural requirements, and benefits available under this part; and
    • (H) carrying out such other duties with respect to this part as the Secretary specifies for purposes of this section.
• (d)
  • (1) The administrator shall designate an employee of the Department of Labor with appropriate experience and expertise to carry out the duties described in paragraph (2).
  • (2) The employee designated under paragraph (1) shall—
    • (A) receive complaints and requests for assistance related to the trade adjustment assistance program under this part;
    • (B) resolve such complaints and requests for assistance, in coordination with other employees of the Office;
    • (C) compile basic information concerning such complaints and requests for assistance; and
    • (D) carry out such other duties with respect to this part as the Secretary specifies for purposes of this section.

§ 2323. Collection and publication of data and reports; information to workers

• (a) Not later than 180 days after February 17, 2009 , the Secretary shall implement a system to collect and report the data described in subsection (b), as well as any other information that the Secretary considers appropriate to effectively carry out this part.
• (b) The system required under subsection (a) shall include collection of and reporting on the following data for each fiscal year:
  • (1)
    • (A) The number of petitions filed, certified, and denied under this part.
    • (B) The number of workers covered by petitions filed, certified, and denied.
    • (C) The number of petitions, classified by—
      • (i) the basis for certification, including increased imports, shifts in production, and other bases of eligibility; and
      • (ii) congressional district of the United States.
    • (D) The average time for processing such petitions.
  • (2)
    • (A) The number of workers receiving benefits under this part.
    • (B) The number of workers receiving each type of benefit, including training, trade readjustment allowances (including such allowances classified by payments under paragraphs (1) and (3) of section 2293(a) of this title , and section 2293(f) of this title , respectively) and payments under section 2318 of this title , employment and case management services, and relocation and job search allowances, and, to the extent feasible, credits for health insurance costs under section 35 of title 26 .
    • (C) The average time during which such workers receive each such type of benefit.
    • (D) The average number of weeks trade readjustment allowances were paid to workers.
    • (E) The number of workers who report that they have received benefits under a prior certification issued under this part in any of the 10 fiscal years preceding the fiscal year for which the data is collected under this section.
  • (3)
    • (A) The number of workers who received training approved under section 2296 of this title , classified by major types of training, including classroom training, training through distance learning, training leading to an associate’s degree, remedial education, prerequisite education, on-the-job training, and customized training.
    • (B) The number of workers who exited training approved under section 2296 of this title , including who received pre-layoff training or part-time training at any time during that training.
    • (C) The average duration of training, and the average duration of training that does not include remedial or prerequisite education.
    • (D) The number of training waivers granted under section 2291(c) of this title , classified by type of waiver.
    • (E) The number of workers who exited training and the average duration of such training.
    • (F) The number of workers who do not exit training and the average duration of the training that was completed by such workers.
    • (G) The average cost per worker of receiving training approved under section 2296 of this title .
    • (H) The percentage of workers who received training approved under section 2296 of this title and obtained unsubsidized employment in a field related to that training.
  • (4)
    • (A) A summary of the annual reports required under section 2311(j) of this title .
    • (B) A summary of the data on workers in the annual reports required under section 2311(j) of this title classified by the age, pre-program educational level, and post-program credential attainment of the workers.
    • (C) The median earnings of workers described in section 2311(j)(2)(A)(i)(III) of this title during the second calendar quarter after exit from the program, expressed as a percentage of the median earnings of such workers before the calendar quarter in which such workers began receiving benefits under this part.
    • (D) The sectors in which workers are employed after receiving benefits under this part.
  • (5) Whether rapid response activities were provided with respect to each petition filed under section 2271 of this title .
  • (6)
    • (A) The total amount of funds used to pay for trade readjustment allowances, in the aggregate and by each State.
    • (B) The total amount of the payments to the States to carry out sections 2295 through 2298 of this title used for training, in the aggregate and for each State.
    • (C) The total amount of payments to the States to carry out sections 2295 through 2298 of this title used for the costs of administration, in the aggregate and for each State.
    • (D) The total amount of payments to the States to carry out sections 2295 through 2298 of this title used for job search and relocation allowances, in the aggregate and for each State.
• (c) To the extent possible, in collecting and reporting the data described in subsection (b), the Secretary shall classify the data by industry, State, and national totals.
• (d) Not later than February 15 of each year, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that includes—
  • (1) a summary of the information collected under this section for the preceding fiscal year;
  • (2) information on the distribution of funds to each State pursuant to section 2296(a)(2) of this title ; and
  • (3) any recommendations of the Secretary with respect to changes in eligibility requirements, benefits, or training funding under this part based on the data collected under this section.
• (e)
  • (1) The Secretary shall make available to the public, by publishing on the website of the Department of Labor and by other means, as appropriate—
    • (A) the report required under subsection (d);
    • (B) the reports required under section 2311(j) of this title ;
    • (C) the data collected under this section, in a searchable format; and
    • (D) a list of cooperating States and cooperating State agencies that failed to submit the data required by this section to the Secretary in a timely manner.
  • (2) The Secretary shall update the data under paragraph (1) on an annual basis.

§ 2341. Petitions and determinations

• (a) 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 service sector firm) or its representative. 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) 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) 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)
  • (1) The Secretary shall certify a firm (including any agricultural firm or service sector 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 the firm have decreased absolutely,
      • (ii) sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the 12-month period preceding the most recent 12-month period for which date 1 1 So in original. Probably should be “data”. are available have decreased absolutely,
      • (iii) sales or production, or both, of the firm during the most recent 12-month period for which data are available have decreased compared to—
        • (I) the average annual sales or production for the firm during the 24-month period preceding that 12-month period, or
        • (II) the average annual sales or production for the firm during the 36-month period preceding that 12-month period, and
      • (iv) sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the most recent 12-month period for which data are available have decreased compared to—
        • (I) the average annual sales or production for the article or service during the 24-month period preceding that 12-month period, or
        • (II) the average annual sales or production for the article or service during the 36-month period preceding that 12-month period, and
    • (C) increases of imports of articles or services like or directly competitive with articles which are produced or services which are supplied 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) 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 40 days after that date.
• (e) For purposes of subsection (c)(1)(C), the Secretary may determine that there are increased imports of like or directly competitive articles or services, if customers accounting for a significant percentage of the decrease in the sales or production of the firm certify to the Secretary that such customers have increased their imports of such articles or services from a foreign country, either absolutely or relative to their acquisition of such articles or services from suppliers located in the United States.
• (f) Upon receiving notice from the Secretary of Labor under section 2275 of this title of the identity of a firm that is covered by a certification issued under section 2273 of this title , the Secretary of Commerce shall notify the firm of the availability of adjustment assistance under this part.

§ 2342. Approval of adjustment proposals

• (a) 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)
  • (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) 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.

§ 2343. 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 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)
  • (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.

§ 2344. Oversight and administration

• (a) The Secretary shall, to such extent and in such amounts as are provided in appropriations Acts, provide grants to intermediary organizations (referred to in section 2343(b)(1) of this title ) throughout the United States pursuant to agreements with such intermediary organizations. Each such agreement shall require the intermediary organization to provide benefits to firms certified under section 2341 of this title . The Secretary shall, to the maximum extent practicable, provide by October 1, 2010 , that contracts entered into with intermediary organizations be for a 12-month period and that all such contracts have the same beginning date and the same ending date.
• (b)
  • (1) Not later than 90 days after February 17, 2009 , the Secretary shall develop a methodology for the distribution of funds among the intermediary organizations described in subsection (a).
  • (2) The methodology described in paragraph (1) shall ensure the prompt initial distribution of funds and establish additional criteria governing the apportionment and distribution of the remainder of such funds among the intermediary organizations.
  • (3) The methodology described in paragraph (1) shall include criteria based on the data in the annual report on the trade adjustment assistance for firms program described in section 2356 1 1 See References in Text note below. of this title.
• (c) An agreement with an intermediary organization described in subsection (a) shall require the intermediary organization to contract for the supply of services to carry out grants under this part in accordance with terms and conditions that are consistent with guidelines established by the Secretary.
• (d)
  • (1) The Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives—
    • (A) not less than 30 days before finalizing the methodology described in subsection (b); and
    • (B) not less than 60 days before adopting any changes to such methodology.
  • (2) The Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not less than 60 days before finalizing the guidelines described in subsection (c) or adopting any subsequent changes to such guidelines.

§ 2345. Authorization of appropriations

• (a) There are authorized to be appropriated to the Secretary to carry out the provisions of this part $16,000,000 for each of the fiscal years 2015 through 2021. Amounts appropriated pursuant to this subsection shall remain available until expended.
• (b) Of the amounts appropriated pursuant to this section for each fiscal year, $350,000 shall be available for full-time positions in the Department of Commerce to administer the provisions of this part. Of such funds the Secretary shall make available to the Economic Development Administration such sums as may be necessary to establish the position of Director of Adjustment Assistance for Firms and such other full-time positions as may be appropriate to administer the provisions of this part.

§ 2345a. Annual report on trade adjustment assistance for firms

• (a) Not later than December 15, 2012 , and annually thereafter, the Secretary shall prepare a report containing data regarding the trade adjustment assistance for firms program under this part for the preceding fiscal year. The data shall include the following:
  • (1) The number of firms that inquired about the program.
  • (2) The number of petitions filed under section 2341 of this title .
  • (3) The number of petitions certified and denied by the Secretary.
  • (4) The average time for processing petitions after the petitions are filed.
  • (5) The number of petitions filed and firms certified for each congressional district of the United States.
  • (6) Of the number of petitions filed, the number of firms that entered the program and received benefits.
  • (7) The number of firms that received assistance in preparing their petitions.
  • (8) The number of firms that received assistance developing business recovery plans.
  • (9) The number of business recovery plans approved and denied by the Secretary.
  • (10) The average duration of benefits received under the program nationally and in each region served by an intermediary organization referred to in section 2343(b)(1) of this title .
  • (11) Sales, employment, and productivity at each firm participating in the program at the time of certification.
  • (12) Sales, employment, and productivity at each firm upon completion of the program and each year for the 2-year period following completion of the program.
  • (13) The number of firms in operation as of the date of the report and the number of firms that ceased operations after completing the program and in each year during the 2-year period following completion of the program.
  • (14) The financial assistance received by each firm participating in the program.
  • (15) The financial contribution made by each firm participating in the program.
  • (16) The types of technical assistance included in the business recovery plans of firms participating in the program.
  • (17) The number of firms leaving the program before completing the project or projects in their business recovery plans and the reason the project or projects were not completed.
  • (18) The total amount expended by all intermediary organizations referred to in section 2343(b)(1) of this title and by each such organization to administer the program.
  • (19) The total amount expended by intermediary organizations to provide technical assistance to firms under the program nationally and in each region served by such an organization.
• (b) To the extent possible, in collecting and reporting the data described in subsection (a), the Secretary shall classify the data by intermediary organization, State, and national totals.
• (c) The Secretary shall—
  • (1) submit the report described in subsection (a) to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives; and
  • (2) publish the report in the Federal Register and on the website of the Department of Commerce.
• (d)
  • (1) The Secretary may not release information described in subsection (a) that the Secretary considers to be confidential business information unless the person submitting the confidential business information had notice, at the time of submission, that such information would be released by the Secretary, or such person subsequently consents to the release of the information.
  • (2) Nothing in this subsection shall be construed to prohibit the Secretary from providing information the Secretary considers to be confidential business information under paragraph (1) to a court in camera or to another party under a protective order issued by a court.

§ 2348. Protective provisions

• (a) Each recipient of adjustment assistance under this part shall keep records which fully disclose the amount and disposition by such recipient of the proceeds, if any, of such adjustment assistance, and which will facilitate an effective audit. The recipient shall also keep such other records as the Secretary may prescribe.
• (b) The Secretary and the Comptroller General of the United States shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient pertaining to adjustment assistance under this part.
• (c) No adjustment assistance under this part shall be extended to any firm unless the owners, partners, or officers certify to the Secretary—
  • (1) the names of any attorneys, agents, and other persons engaged by or on behalf of the firm for the purpose of expediting applications for such adjustment assistance; and
  • (2) the fees paid or to be paid to any such person.

§ 2349. Penalties

Any person who—

• (1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or willfully overvalues any security, for the purpose of influencing in any way a determination under this part, or for the purpose of obtaining money, property, or anything of value under this part, or
• (2) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Secretary during an investigation of a petition under this part,

§ 2350. Civil actions

In providing technical assistance under this part the Secretary may sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against him or his property. Nothing in this section shall be construed to except the activities pursuant to section 2343 of this title from the application of sections 516, 547, and 2679 of title 28.

§ 2351. “Firm” defined

For purposes of this part:

• (1) The term “firm” includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustee in bankruptcy, and receiver under decree of any court. A firm, together with any predecessor or successor firm, or any affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits.
• (2) The term “service sector firm” means a firm engaged in the business of supplying services.

§ 2352. Regulations

The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.

§ 2354. Study by Secretary of Commerce when International Trade Commission begins investigation

• (a) Whenever 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 firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and
  • (2) the extent to which the orderly adjustment of such firms to the import competition may be facilitated through the use of existing programs.
• (b) The report of the Secretary of the study under subsection (a) 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 its 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.
• (c) Whenever the Commission makes an affirmative finding under section 2252(b) of this title that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustment to import competition of such firms, and he shall provide assistance in the preparation and processing of petitions and applications of such firms for program benefits.

§ 2355. Assistance to industry; authorization of appropriations

• (a) The Secretary may provide technical assistance, on such terms and conditions as the Secretary deems appropriate, for the establishment of industrywide programs for new product development, new process development, export development, or other uses consistent with the purposes of this part. Such technical assistance may be provided through existing agencies, private individuals, firms, universities and institutions, and by grants, contracts, or cooperative agreements to associations, unions, or other nonprofit industry organizations in which a substantial number of firms or workers have been certified as eligible to apply for adjustment assistance under section 2273 or 2341 of this title.
• (b) Expenditures for technical assistance under this section may be up to $10,000,000 annually per industry and shall be made under such terms and conditions as the Secretary deems appropriate.

§ 2371. Community College and Career Training Grant Program

• (a)
  • (1) Beginning August 1, 2009 , the Secretary may award Community College and Career Training Grants to eligible institutions for the purpose of developing, offering, or improving educational or career training programs for workers eligible for training under section 2296 of this title .
  • (2) An eligible institution may not be awarded—
    • (A) more than one grant under this section; or
    • (B) a grant under this section in excess of $1,000,000.
• (b) In this section:
  • (1) The term “eligible institution” means an institution of higher education (as defined in section 1002 of title 20 ), but only with respect to a program offered by the institution that can be completed in not more than 2 years.
  • (2) The term “Secretary” means the Secretary of Labor.
• (c)
  • (1) An eligible institution seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • (2) Not later than June 1, 2009 , the Secretary shall—
    • (A) promulgate guidelines for the submission of grant proposals under this section; and
    • (B) publish and maintain such guidelines on the website of the Department of Labor.
  • (3) The Secretary shall offer assistance in preparing a grant proposal to any eligible institution that requests such assistance.
  • (4)
    • (A) A grant proposal submitted to the Secretary under this section shall include a detailed description of—
      • (i) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to workers eligible for training under section 2296 of this title ;
      • (ii) the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of workers in the community served by the eligible institution who are eligible for training under section 2296 of this title ; and
      • (iii) any previous experience of the eligible institution in providing educational or career training programs to workers eligible for training under section 2296 of this title .
    • (B) The absence of any previous experience in providing educational or career training programs described in subparagraph (A)(iii) shall not automatically disqualify an eligible institution from receiving a grant under this section.
  • (5) In order to be considered by the Secretary, a grant proposal submitted by an eligible institution under this section shall—
    • (A) demonstrate that the eligible institution—
      • (i) reached out to employers to identify—
        • (I) any shortcomings in existing educational and career training opportunities available to workers in the community; and
        • (II) any future employment opportunities within the community and the educational and career training skills required for workers to meet the future employment demand; and
      • (ii) reached out to other similarly situated institutions in an effort to benefit from any best practices that may be shared with respect to providing educational or career training programs to workers eligible for training under section 2296 of this title ; and
    • (B) include a detailed description of—
      • (i) the extent and outcome of the outreach conducted under subparagraph (A);
      • (ii) the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under subparagraph (A)(i)(I) or any educational or career training needs identified under subparagraph (A)(i)(II); and
      • (iii) the extent to which employers, including small- and medium-sized firms within the community, have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted.
• (d)
  • (1) Subject to the appropriation of funds, the Secretary shall award a grant under this section based on—
    • (A) a determination of the merits of the grant proposal submitted by the eligible institution to develop, offer, or improve educational or career training programs to be made available to workers eligible for training under section 2296 of this title ;
    • (B) an evaluation of the likely employment opportunities available to workers who complete an educational or career training program that the eligible institution proposes to develop, offer, or improve; and
    • (C) an evaluation of prior demand for training programs by workers eligible for training under section 2296 of this title in the community served by the eligible institution, as well as the availability and capacity of existing training programs to meet future demand for training programs.
  • (2) A grant awarded under this section may not be used to satisfy any private matching requirement under any other provision of law.
• (e) Not later than December 15, 2009 , and annually thereafter, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report—
  • (1) describing each grant awarded under this section during the preceding fiscal year;
  • (2) assessing the impact of each award of a grant under this section in a fiscal year preceding the fiscal year referred to in paragraph (1) on workers receiving training under section 2296 of this title ; and
  • (3) providing the following data relating to program performance and outcomes:
    • (A) Of the grants awarded under this section, the amount of funds spent by grantees.
    • (B) The average dollar amount of grants awarded under this section.
    • (C) The average duration of grants awarded under this section.
    • (D) The percentage of workers receiving benefits under part 2 that are served by programs developed, offered, or improved using grants awarded under this section.
    • (E) The percentage and number of workers receiving benefits under part 2 who obtained a degree through such programs and the average duration of the participation of such workers in training under section 2296 of this title .
    • (F) The number of workers receiving benefits under part 2 served by such programs who did not complete a degree and the average duration of the participation of such workers in training under section 2296 of this title .

§ 2372. Authorization of appropriations

• (a) There are authorized to be appropriated to the Secretary of Labor $40,000,000 for each of the fiscal years 2009 and 2010, and $10,000,000 for the period beginning October 1, 2010 , and ending December 31, 2010 , to fund the Community College and Career Training Grant Program. Funds appropriated pursuant to this section shall remain available until expended.
• (b) There are appropriated $500,000,000 for each of fiscal years 2011, 2012, 2013, and 2014 to carry out this subpart, 1 1 See References in Text note below. except that the limitations contained in section 2371(a)(2) of this title shall not apply to such funds and each State shall receive not less than 0.5 percent of the amount appropriated pursuant to this subsection for each such fiscal year.

§ 2391. GAO study and report

• (a) The Comptroller General of the United States shall conduct a study of the adjustment assistance programs established under parts 2, 3, and 4 of this subchapter and shall report the results of such study to the Congress no later than January 31, 1980 . Such report shall include an evaluation of—
  • (1) the effectiveness of such programs in aiding workers, firms, and communities to adjust to changed economic conditions resulting from changes in the patterns of international trade; and
  • (2) the coordination of the administration of such programs and other Government programs which provide unemployment compensation and relief to depressed areas.
• (b) In carrying out his responsibilities under this section, the Comptroller General shall, to the extent practical, avail himself of the assistance of the Departments of Labor and Commerce. The Secretaries of Labor and Commerce shall make available to the Comptroller General any assistance necessary for an effective evaluation of the adjustment assistance programs established under this subchapter.

§ 2392. Adjustment Assistance Coordinating Committee

There is established the Adjustment Assistance Coordinating Committee to consist of a Deputy United States Trade Representative as Chairman, and the officials charged with adjustment assistance responsibilities of the Departments of Labor and Commerce and the Small Business Administration. It shall be the function of the Committee to coordinate the adjustment assistance policies, studies, and programs of the various agencies involved and to promote the efficient and effective delivery of adjustment assistance benefits.

§ 2393. Trade monitoring and data collection

• (a) The Secretary of Commerce and the Secretary of Labor shall establish and maintain a program to monitor imports of articles and services into the United States which will reflect changes in the volume of such imports, the relation of such imports to changes in domestic production and domestic supply of services, changes in employment within domestic industries producing articles or supplying services like or directly competitive with such imports, and the extent to which such changes in production, or supply of services, and employment are concentrated in specific geographic regions of the United States. A summary of the information gathered under this section shall be published regularly and provided to the Adjustment Assistance Coordinating Committee, the International Trade Commission, and to the Congress.
• (b)
  • (1) Not later than 90 days after February 17, 2009 , the Secretary of Labor shall implement a system to collect data on adversely affected workers employed in the service sector that includes the number of workers by State and industry, and by the cause of the dislocation of each worker, as identified in the certification.
  • (2) Not later than 1 year after February 17, 2009 , the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms acquiring services from firms in foreign countries.

§ 2394. Firms relocating in foreign countries

Before moving productive facilities from the United States to a foreign country, every firm should—

• (b) 1 1 So in original. The first paragraph was not designated subsec. (a). It is the sense of the Congress that every such firm should—
  • (1) apply for and use all adjustment assistance for which it is eligible under this subchapter,
  • (2) offer employment opportunities in the United States, if any exist, to its employees who are totally or partially separated workers as a result of the move, and
  • (3) assist in relocating employees to other locations in the United States where employment opportunities exist.
  • (1) provide notice of the move to its employees who are likely to be totally or partially separated as a result of the move at least 60 days before the date of such move, and
  • (2) provide notice of the move to the Secretary of Labor and the Secretary of Commerce on the same day it notifies employees under paragraph (1).

§ 2395. Judicial review

• (a) A worker, group of workers, certified or recognized union, or authorized representative of such worker or group aggrieved by a final determination of the Secretary of Labor under section 2273 of this title , a firm or its representative or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 2341 of this title , an agricultural commodity producer (as defined in section 2401(2) of this title ) aggrieved by a determination of the Secretary of Agriculture under section 2401b or 2401e of this title, or a community or authorized representative of a community aggrieved by a final determination of the Secretary of Commerce under section 2371b of this title may, within sixty days after notice of such determination, commence a civil action in the United States Court of International Trade for review of such determination. The clerk of such court shall send a copy of the summons and the complaint in such action to the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be. Upon receiving a copy of such summons and complaint, such Secretary shall promptly certify and file in such court the record on which he based such determination.
• (b) The findings of fact by the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to such Secretary to take further evidence, and such Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
• (c) The Court of International Trade shall have jurisdiction to affirm the action of the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, or to set such action aside, in whole or in part. The judgment of the Court of International Trade shall be subject to review by the United States Court of Appeals for the Federal Circuit as prescribed by the rules of such court. The judgment of the Court of Appeals for the Federal Circuit shall be subject to review by the Supreme Court of the United States upon certiorari as provided in section 1256 1 1 See References in Text note below. of title 28.

§ 2397a. Sense of Congress

It is the sense of Congress that the Secretaries of Labor, Commerce, and Agriculture should apply the provisions of part 2 (relating to adjustment assistance for workers), part 3 (relating to adjustment assistance for firms), part 4 (relating to adjustment assistance for communities), and part 6 (relating to adjustment assistance for farmers), respectively, with the utmost regard for the interests of workers, firms, communities, and farmers petitioning for benefits under such parts.

§ 2401. Definitions

In this part:

• (1) The term “agricultural commodity” includes—
  • (A) any agricultural commodity (including livestock) in its raw or natural state;
  • (B) any class of goods within an agricultural commodity; and
  • (C) in the case of an agricultural commodity producer described in paragraph (2)(B), wild-caught aquatic species.
• (2) The term “agricultural commodity producer” means—
  • (A) a person that shares in the risk of producing an agricultural commodity and that is entitled to a share of the commodity for marketing, including an operator, a sharecropper, or a person that owns or rents the land on which the commodity is produced; or
  • (B) a person that reports gain or loss from the trade or business of fishing on the person’s annual Federal income tax return for the taxable year that most closely corresponds to the marketing year with respect to which a petition is filed under section 2401a of this title .
• (3)
  • (A) The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.
  • (B) The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which a petition under this part was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary.
• (4) The term “duly authorized representative” means an association of agricultural commodity producers.
• (5) The term “national average price” means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary.
• (6) The term “Secretary” means the Secretary of Agriculture.
• (7) The term “marketing year” means—
  • (A) a marketing year designated by the Secretary with respect to an agricultural commodity; or
  • (B) in the case of an agricultural commodity with respect to which the Secretary does not designate a marketing year, a calendar year.

§ 2401a. Petitions; group eligibility

• (a) A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized representative. 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) 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) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested person an opportunity to be present, to produce evidence, and to be heard.
• (c) The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this part if the Secretary determines that—
  • (1)
    • (A) the national average price of the agricultural commodity produced by the group during the most recent marketing year for which data are available is less than 85 percent of the average of the national average price for the commodity in the 3 marketing years preceding such marketing year;
    • (B) the quantity of production of the agricultural commodity produced by the group during such marketing year is less than 85 percent of the average of the quantity of production of the commodity produced by the group in the 3 marketing years preceding such marketing year;
    • (C) the value of production of the agricultural commodity produced by the group during such marketing year is less than 85 percent of the average value of production of the commodity produced by the group in the 3 marketing years preceding such marketing year; or
    • (D) the cash receipts for the agricultural commodity produced by the group during such marketing year are less than 85 percent of the average of the cash receipts for the commodity produced by the group in the 3 marketing years preceding such marketing year;
  • (2) the volume of imports of articles like or directly competitive with the agricultural commodity produced by the group in the marketing year with respect to which the group files the petition increased compared to the average volume of such imports during the 3 marketing years preceding such marketing year; and
  • (3) the increase in such imports contributed importantly to the decrease in the national average price, quantity of production, or value of production of, or cash receipts for, the agricultural commodity, as described in paragraph (1).
• (d) An agricultural commodity producer or group of producers that resides outside of the State or region identified in the petition filed under subsection (a) may file a request to become a party to that petition not later than 15 days after the date the notice is published in the Federal Register under subsection (a) with respect to that petition.
• (e) In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining under subsection (c)—
  • (1) group eligibility;
  • (2) the national average price, quantity of production, or value of production, or cash receipts; and
  • (3) the volume of imports.

§ 2401b. Determinations by Secretary of Agriculture

• (a) As soon as practicable after the date on which a petition is filed under section 2401a 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 2401a(c) of this title and shall, if the group meets the requirements, issue a certification of eligibility to apply for assistance under this part covering agricultural commodity producers in any group that meets the requirements. Each certification shall specify the date on which eligibility under this part begins.
• (b) Upon making a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register, together with the Secretary’s reasons for making the determination.
• (c) Whenever the Secretary determines, with respect to any certification of eligibility under this part, that the decrease in the national average price, quantity of production, or value of production of, or cash receipts for, the agricultural commodity covered by the certification is no longer attributable to the conditions described in section 2401a of this title , the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register, together with the Secretary’s reasons for making such determination.
• (d) Not later than January 30 of each year, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report containing the following information with respect to the trade adjustment assistance for farmers program under this part during the preceding fiscal year:
  • (1) A list of the agricultural commodities covered by a certification under this part.
  • (2) The States or regions in which agricultural commodities are produced and the aggregate amount of such commodities produced in each such State or region.
  • (3) The number of petitions filed.
  • (4) The number of petitions certified and denied by the Secretary.
  • (5) The average time for processing petitions.
  • (6) The number of petitions filed and agricultural commodity producers approved for each congressional district of the United States.
  • (7) Of the number of producers approved, the number of agricultural commodity producers that entered the program and received benefits.
  • (8) The number of agricultural commodity producers that completed initial technical assistance.
  • (9) The number of agricultural commodity producers that completed intensive technical assistance.
  • (10) The number of initial business plans approved and denied by the Secretary.
  • (11) The number of long-term business plans approved and denied by the Secretary.
  • (12) The total number of agricultural commodity producers, by congressional district, receiving initial technical assistance and intensive technical assistance, respectively, under this part.
  • (13) The types of initial technical assistance received by agricultural commodity producers participating in the program.
  • (14) The types of intensive technical assistance received by agricultural commodity producers participating in the program.
  • (15) The number of agricultural commodity producers leaving the program before completing the projects in their long-term business plans and the reason those projects were not completed.
  • (16) The total number of agricultural commodity producers, by congressional district, receiving benefits under this part.
  • (17) The average duration of benefits received under this part.
  • (18) The number of agricultural commodity producers in operation as of the date of the report and the number of agricultural commodity producers that ceased operations after completing the program and in the 1-year period following completion of the program.
  • (19) The number of agricultural commodity producers that report that such producers received benefits under a prior certification issued under this part in any of the 10 fiscal years preceding the date of the report.

§ 2401c. Study by Secretary of Agriculture when International Trade Commission begins investigation

• (a) Whenever the International Trade Commission (in this part referred to as the “Commission”) begins an investigation under section 2252 of this title with respect to an agricultural commodity, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall immediately conduct a study of—
  • (1) the number of agricultural commodity producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this part, and
  • (2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs.
• (b) Not later than 15 days after the day on which the Commission makes its report under section 2252(f) of this title , the Secretary shall submit a report to the President setting forth the findings of the study described in subsection (a). Upon making the report to the President, the Secretary shall also promptly make the report public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of the report published in the Federal Register.

§ 2401d. Benefit information to agricultural commodity producers

• (a) The Secretary shall provide full information to agricultural commodity producers about the benefit allowances, training, and other employment services available under this subchapter 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 to prepare petitions or applications for program benefits under this subchapter.
• (b)
  • (1) The Secretary shall mail written notice of the benefits available under this part to each agricultural commodity producer that the Secretary has reason to believe is covered by a certification made under this part.
  • (2) The Secretary shall publish notice of the benefits available under this part to agricultural commodity producers that are covered by each certification made under this part in newspapers of general circulation in the areas in which such producers reside.
  • (3) The Secretary shall also provide information concerning procedures for applying for and receiving all other Federal assistance and services available to workers facing economic distress.

§ 2401e. Qualifying requirements and benefits for agricultural commodity producers

• (a)
  • (1)
    • (A) Benefits under this part shall be available to an agricultural commodity producer covered by a certification under this part who files an application for such benefits not later than 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under section 2401b of this title , if the producer submits to the Secretary sufficient information to establish that—
      • (i) the producer produced the agricultural commodity covered by the application filed under this subsection in the marketing year with respect to which the petition is filed and in at least 1 of the 3 marketing years preceding that marketing year;
      • (ii)
        • (I) the quantity of the agricultural commodity that was produced by the producer in the marketing year with respect to which the petition is filed has decreased compared to the most recent marketing year preceding that marketing year for which data are available; or
        • (II)
      • (iii) the producer is not receiving—
        • (I) cash benefits under part 2 or 3; or
        • (II) benefits based on the production of an agricultural commodity covered by another petition filed under this part.
    • (B) For purposes of subparagraph (A)(ii)(II)(aa), if a petition is filed with respect to an agricultural commodity that is not produced by the producer every year, an agricultural commodity producer producing that commodity may establish the average price received for the commodity by the producer in the 3 marketing years preceding the year with respect to which the petition is filed by using average price data for the 3 most recent marketing years in which the producer produced the commodity and for which data are available.
  • (2)
    • (A) Notwithstanding any other provision of this part, an agricultural commodity producer shall not be eligible for assistance under this part in any year in which the average adjusted gross income (as defined in section 1308–3a(a) of title 7 ) of the producer exceeds the level set forth in subparagraph (A) or (B) of section 1308–3a(b)(1) 1 1 See References in Text note below. of title 7, whichever is applicable.
    • (B) An agricultural commodity producer shall provide to the Secretary such information as the Secretary determines necessary to demonstrate that the producer is in compliance with the limitation under subparagraph (A).
    • (C) The total amount of payments made to an agricultural commodity producer under this part during any crop year may not exceed the limitations on payments set forth in subsections (b)(2), (b)(3), (c)(2), and (c)(3) of section 1308 of title 7 .
• (b)
  • (1)
    • (A) An agricultural commodity producer that files an application and meets the requirements under subsection (a)(1) shall be entitled to receive initial technical assistance designed to improve the competitiveness of the production and marketing of the agricultural commodity with respect to which the producer was certified under this part. Such assistance shall include information regarding—
      • (i) improving the yield and marketing of that agricultural commodity; and
      • (ii) the feasibility and desirability of substituting one or more alternative agricultural commodities for that agricultural commodity.
    • (B)
      • (i) The Secretary may authorize supplemental assistance necessary to defray reasonable transportation and subsistence expenses incurred by an agricultural commodity producer in connection with initial technical assistance under subparagraph (A) if such assistance is provided at facilities that are not within normal commuting distance of the regular place of residence of the producer.
      • (ii) The Secretary may not authorize payments to an agricultural commodity producer under clause (i)—
        • (I) for subsistence expenses that exceed the lesser of—
        • (II) for travel expenses that exceed the prevailing mileage rate authorized under the Federal travel regulations.
  • (2) A producer that has completed initial technical assistance under paragraph (1) shall be eligible to participate in intensive technical assistance. Such assistance shall consist of—
    • (A) a series of courses to further assist the producer in improving the competitiveness of the producer in producing—
      • (i) the agricultural commodity with respect to which the producer was certified under this part; or
      • (ii) another agricultural commodity; and
    • (B) assistance in developing an initial business plan based on the courses completed under subparagraph (A).
  • (3)
    • (A) The Secretary shall approve an initial business plan developed under paragraph (2)(B) if the plan—
      • (i) reflects the skills gained by the producer through the courses described in paragraph (2)(A); and
      • (ii) demonstrates how the producer will apply those skills to the circumstances of the producer.
    • (B) Upon approval of the producer’s initial business plan by the Secretary under subparagraph (A), a producer shall be entitled to an amount not to exceed $4,000 to—
      • (i) implement the initial business plan; or
      • (ii) develop a long-term business adjustment plan under paragraph (4).
  • (4)
    • (A) A producer that has completed intensive technical assistance under paragraph (2) and whose initial business plan has been approved under paragraph (3)(A) shall be eligible for, in addition to the amount under subparagraph (C), assistance in developing a long-term business adjustment plan.
    • (B) The Secretary shall approve a long-term business adjustment plan developed under subparagraph (A) if the Secretary determines that the plan—
      • (i) includes steps reasonably calculated to materially contribute to the economic adjustment of the producer to changing market conditions;
      • (ii) takes into consideration the interests of the workers employed by the producer; and
      • (iii) demonstrates that the producer will have sufficient resources to implement the business plan.
    • (C) Upon approval of the producer’s long-term business adjustment plan under subparagraph (B), a producer shall be entitled to an amount not to exceed $8,000 to implement the long-term business adjustment plan.
• (c) An agricultural commodity producer may receive not more than $12,000 under paragraphs (3) and (4) of subsection (b) in the 36-month period following certification under section 2401b of this title .
• (d) An agricultural commodity producer that receives benefits under this part (other than initial technical assistance under subsection (b)(1)) shall not be eligible for cash benefits under part 2 or 3.

§ 2401f. Fraud and recovery of overpayments

• (a)
  • (1) If 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, or has expended funds received under this part for a purpose that was not approved by the Secretary, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
    • (A) the payment was made without fault on the part of such person; 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 Secretary shall recover the overpayment by deductions from any sums payable to such person under this part.
• (b) A person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part—
  • (1) if the Secretary, or a court of competent jurisdiction, determines that the person—
    • (A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or
    • (B) knowingly has failed, or caused another to fail, to disclose a material fact; and
  • (2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this part to which the person was not entitled.
• (c) 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) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determination has become final.
• (d) Any amount recovered under this section shall be returned to the Treasury of the United States.
• (e) 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 shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both.

§ 2401g. Authorization of appropriations

• (a) There are authorized to be appropriated to the Department of Agriculture not to exceed $90,000,000 for each of the fiscal years 2015 through 2021, to carry out the purposes of this part, including administrative costs, and salaries and expenses of employees of the Department of Agriculture.
• (b) If in any year the amount appropriated under this part is insufficient to meet the requirements for adjustment assistance payable under this part, the amount of assistance payable under this part shall be reduced proportionately.

§ 2411. Actions by United States Trade Representative

• (a)
  • (1) If the United States Trade Representative determines under section 2414(a)(1) of this title that—
    • (A) the rights of the United States under any trade agreement are being denied; or
    • (B) an act, policy, or practice of a foreign country—
      • (i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or
      • (ii) is unjustifiable and burdens or restricts United States commerce;
  • (2) The Trade Representative is not required to take action under paragraph (1) in any case in which—
    • (A) the Dispute Settlement Body (as defined in section 3531(5) of this title ) has adopted a report, or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that—
      • (i) the rights of the United States under a trade agreement are not being denied, or
      • (ii) the act, policy, or practice—
        • (I) is not a violation of, or inconsistent with, the rights of the United States, or
        • (II) does not deny, nullify, or impair benefits to the United States under any trade agreement; or
    • (B) the Trade Representative finds that—
      • (i) the foreign country is taking satisfactory measures to grant the rights of the United States under a trade agreement,
      • (ii) the foreign country has—
        • (I) agreed to eliminate or phase out the act, policy, or practice, or
        • (II) agreed to an imminent solution to the burden or restriction on United States commerce that is satisfactory to the Trade Representative,
      • (iii) it is impossible for the foreign country to achieve the results described in clause (i) or (ii), as appropriate, but the foreign country agrees to provide to the United States compensatory trade benefits that are satisfactory to the Trade Representative,
      • (iv) in extraordinary cases, where the taking of action under this subsection would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action, taking into account the impact of not taking such action on the credibility of the provisions of this subchapter, or
      • (v) the taking of action under this subsection would cause serious harm to the national security of the United States.
  • (3) Any action taken under paragraph (1) to eliminate an act, policy, or practice shall be devised so as to affect goods or services of the foreign country in an amount that is equivalent in value to the burden or restriction being imposed by that country on United States commerce.
• (b) If the Trade Representative determines under section 2414(a)(1) of this title that—
  • (1) an act, policy, or practice of a foreign country is unreasonable or discriminatory and burdens or restricts United States commerce, and
  • (2) action by the United States is appropriate, the Trade Representative shall take all appropriate and feasible action authorized under subsection (c), subject to the specific direction, if any, of the President regarding any such action, and all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to obtain the elimination of that act, policy, or practice. Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.
• (c)
  • (1) For purposes of carrying out the provisions of subsection (a) or (b) or section 2416(c) of this title , the Trade Representative is authorized to—
    • (A) suspend, withdraw, or prevent the application of, benefits of trade agreement concessions to carry out a trade agreement with the foreign country referred to in such subsection;
    • (B) impose duties or other import restrictions on the goods of, and, notwithstanding any other provision of law, fees or restrictions on the services of, such foreign country for such time as the Trade Representative determines appropriate;
    • (C) in a case in which the act, policy, or practice also fails to meet the eligibility criteria for receiving duty-free treatment under subsections (b) and (c) of section 2462 of this title , subsections (b) and (c) of section 2702 of this title , or subsections (c) and (d) of section 3202 of this title , withdraw, limit, or suspend such treatment under such provisions, notwithstanding the provisions of subsection (a)(3) of this section; or
    • (D) enter into binding agreements with such foreign country that commit such foreign country to—
      • (i) eliminate, or phase out, the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b),
      • (ii) eliminate any burden or restriction on United States commerce resulting from such act, policy, or practice, or
      • (iii) provide the United States with compensatory trade benefits that—
        • (I) are satisfactory to the Trade Representative, and
        • (II) meet the requirements of paragraph (4).
  • (2)
    • (A) Notwithstanding any other provision of law governing any service sector access authorization, and in addition to the authority conferred in paragraph (1), the Trade Representative may, for purposes of carrying out the provisions of subsection (a) or (b)—
      • (i) restrict, in the manner and to the extent the Trade Representative determines appropriate, the terms and conditions of any such authorization, or
      • (ii) deny the issuance of any such authorization.
    • (B) Actions described in subparagraph (A) may only be taken under this section with respect to service sector access authorizations granted, or applications therefor pending, on or after the date on which—
      • (i) a petition is filed under section 2412(a) of this title , or
      • (ii) a determination to initiate an investigation is made by the Trade Representative under section 2412(b) of this title .
    • (C) Before the Trade Representative takes any action under this section involving the imposition of fees or other restrictions on the services of a foreign country, the Trade Representative shall, if the services involved are subject to regulation by any agency of the Federal Government or of any State, consult, as appropriate, with the head of the agency concerned.
  • (3) The actions the Trade Representative is authorized to take under subsection (a) or (b) may be taken against any goods or economic sector—
    • (A) on a nondiscriminatory basis or solely against the foreign country described in such subsection, and
    • (B) without regard to whether or not such goods or economic sector were involved in the act, policy, or practice that is the subject of such action.
  • (4) Any trade agreement described in paragraph (1)(D)(iii) shall provide compensatory trade benefits that benefit the economic sector which includes the domestic industry that would benefit from the elimination of the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b), or benefit the economic sector as closely related as possible to such economic sector, unless—
    • (A) the provision of such trade benefits is not feasible, or
    • (B) trade benefits that benefit any other economic sector would be more satisfactory than such trade benefits.
  • (5) If the Trade Representative determines that actions to be taken under subsection (a) or (b) are to be in the form of import restrictions, the Trade Representative shall—
    • (A) give preference to the imposition of duties over the imposition of other import restrictions, and
    • (B) if an import restriction other than a duty is imposed, consider substituting, on an incremental basis, an equivalent duty for such other import restriction.
  • (6) Any action taken by the Trade Representative under this section with respect to export targeting shall, to the extent possible, reflect the full benefit level of the export targeting to the beneficiary over the period during which the action taken has an effect.
• (d) For purposes of this subchapter—
  • (1) The term “commerce” includes, but is not limited to—
    • (A) services (including transfers of information) associated with international trade, whether or not such services are related to specific goods, and
    • (B) foreign direct investment by United States persons with implications for trade in goods or services.
  • (2) An act, policy, or practice of a foreign country that burdens or restricts United States commerce may include the provision, directly or indirectly, by that foreign country of subsidies for the construction of vessels used in the commercial transportation by water of goods between foreign countries and the United States.
  • (3)
    • (A) An act, policy, or practice is unreasonable if the act, policy, or practice, while not necessarily in violation of, or inconsistent with, the international legal rights of the United States, is otherwise unfair and inequitable.
    • (B) Acts, policies, and practices that are unreasonable include, but are not limited to, any act, policy, or practice, or any combination of acts, policies, or practices, which—
      • (i) denies fair and equitable—
        • (I) opportunities for the establishment of an enterprise,
        • (II) provision of 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 ,
        • (III) nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection, or
        • (IV) market opportunities, including the toleration by a foreign government of systematic anticompetitive activities by enterprises or among enterprises in the foreign country that have the effect of restricting, on a basis that is inconsistent with commercial considerations, access of United States goods or services to a foreign market,
      • (ii) constitutes export targeting,
      • (iii) constitutes a persistent pattern of conduct that—
        • (I) denies workers the right of association,
        • (II) denies workers the right to organize and bargain collectively,
        • (III) permits any form of forced or compulsory labor,
        • (IV) fails to provide a minimum age for the employment of children, or
        • (V) fails to provide standards for minimum wages, hours of work, and occupational safety and health of workers, or
      • (iv) constitutes a persistent pattern of conduct by the government of a foreign country under which that government fails to effectively enforce commitments under agreements to which the foreign country and the United States are parties, including with respect to trade in goods, trade in services, trade in agriculture, foreign investment, intellectual property, digital trade in goods and services and cross-border data flows, regulatory practices, state-owned and state-controlled enterprises, localization barriers to trade, labor and the environment, anticorruption, trade remedy laws, textiles, and commercial partnerships.
    • (C)
      • (i) Acts, policies, and practices of a foreign country described in subparagraph (B)(iii) shall not be treated as being unreasonable if the Trade Representative determines that—
        • (I) the foreign country has taken, or is taking, actions that demonstrate a significant and tangible overall advancement in providing throughout the foreign country (including any designated zone within the foreign country) the rights and other standards described in the subclauses of subparagraph (B)(iii), or
        • (II) such acts, policies, and practices are not inconsistent with the level of economic development of the foreign country.
      • (ii) The Trade Representative shall publish in the Federal Register any determination made under clause (i), together with a description of the facts on which such determination is based.
    • (D) For purposes of determining whether any act, policy, or practice is unreasonable, reciprocal opportunities in the United States for foreign nationals and firms shall be taken into account, to the extent appropriate.
    • (E) The term “export targeting” means any government plan or scheme consisting of a combination of coordinated actions (whether carried out severally or jointly) that are bestowed on a specific enterprise, industry, or group thereof, the effect of which is to assist the enterprise, industry, or group to become more competitive in the export of a class or kind of merchandise.
    • (F)
      • (i) For the purposes of subparagraph (B)(i)(II), adequate and effective protection of intellectual property rights includes adequate and effective means under the laws of the foreign country for persons who are not citizens or nationals of such country to secure, exercise, and enforce rights and enjoy commercial benefits relating to patents, trademarks, copyrights and related rights, mask works, trade secrets, and plant breeder’s rights.
      • (ii) For purposes of subparagraph (B)(i)(IV), the denial of fair and equitable nondiscriminatory market access opportunities includes restrictions on market access related to the use, exploitation, or enjoyment of commercial benefits derived from exercising intellectual property rights in protected works or fixations or products embodying protected works.
  • (4)
    • (A) An act, policy, or practice is unjustifiable if the act, policy, or practice is in violation of, or inconsistent with, the international legal rights of the United States.
    • (B) Acts, policies, and practices that are unjustifiable include, but are not limited to, any act, policy, or practice described in subparagraph (A) which denies national or most-favored-nation treatment or the right of establishment or protection of intellectual property rights.
  • (5) Acts, policies, and practices that are discriminatory include, when appropriate, any act, policy, and practice which denies national or most-favored-nation treatment to United States goods, services, or investment.
  • (6) The term “service sector access authorization” means any license, permit, order, or other authorization, issued under the authority of Federal law, that permits a foreign supplier of services access to the United States market in a service sector concerned.
  • (7) The term “foreign country” includes any foreign instrumentality. Any possession or territory of a foreign country that is administered separately for customs purposes shall be treated as a separate foreign country.
  • (8) The term “Trade Representative” means the United States Trade Representative.
  • (9) The term “interested persons”, only for purposes of sections 2412(a)(4)(B), 2414(b)(1)(A), 2416(c)(2), 1 1 See References in Text note below. and 2417(a)(2) of this title, includes, but is not limited to, domestic firms and workers, representatives of consumer interests, United States product exporters, and any industrial user of any goods or services that may be affected by actions taken under subsection (a) or (b).

§ 2412. Initiation of investigations

• (a)
  • (1) Any interested person may file a petition with the Trade Representative requesting that action be taken under section 2411 of this title and setting forth the allegations in support of the request.
  • (2) The Trade Representative shall review the allegations in any petition filed under paragraph (1) and, not later than 45 days after the date on which the Trade Representative received the petition, shall determine whether to initiate an investigation.
  • (3) If the Trade Representative determines not to initiate an investigation with respect to a petition, the Trade Representative shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register.
  • (4) If the Trade Representative makes an affirmative determination under paragraph (2) with respect to a petition, the Trade Representative shall initiate an investigation regarding the issues raised in the petition. The Trade Representative shall publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation of views concerning the issues, including a public hearing—
    • (A) within the 30-day period beginning on the date of the affirmative determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such period is requested in the petition, or
    • (B) at such other time if a timely request therefor is made by the petitioner or by any interested person.
• (b)
  • (1)
    • (A) If the Trade Representative determines that an investigation should be initiated under this subchapter with respect to any matter in order to determine whether the matter is actionable under section 2411 of this title , the Trade Representative shall publish such determination in the Federal Register and shall initiate such investigation.
    • (B) The Trade Representative shall, before making any determination under subparagraph (A), consult with appropriate committees established pursuant to section 2155 of this title .
  • (2)
    • (A) By no later than the date that is 30 days after the date on which a country is identified under section 2242(a)(2) of this title , the Trade Representative shall initiate an investigation under this subchapter with respect to any act, policy, or practice of that country that—
      • (i) was the basis for such identification, and
      • (ii) is not at that time the subject of any other investigation or action under this subchapter.
    • (B) The Trade Representative is not required under subparagraph (A) to initiate an investigation under this subchapter with respect to any act, policy, or practice of a foreign country if the Trade Representative determines that the initiation of the investigation would be detrimental to United States economic interests.
    • (C) If the Trade Representative makes a determination under subparagraph (B) not to initiate an investigation, the Trade Representative shall submit to the Congress a written report setting forth, in detail—
      • (i) the reasons for the determination, and
      • (ii) the United States economic interests that would be adversely affected by the investigation.
    • (D) The Trade Representative shall, from time to time, consult with the Register of Copyrights, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, and other appropriate officers of the Federal Government, during any investigation initiated under this subchapter by reason of subparagraph (A).
• (c) In determining whether to initiate an investigation under subsection (a) or (b) of any act, policy, or practice that is enumerated in any provision of section 2411(d) of this title , the Trade Representative shall have discretion to determine whether action under section 2411 of this title would be effective in addressing such act, policy, or practice.

§ 2413. Consultation upon initiation of investigation

• (a)
  • (1) On the date on which an investigation is initiated under section 2412 of this title , the Trade Representative, on behalf of the United States, shall request consultations with the foreign country concerned regarding the issues involved in such investigation.
  • (2) If the investigation initiated under section 2412 of this title involves a trade agreement and a mutually acceptable resolution is not reached before the earlier of—
    • (A) the close of the consultation period, if any, specified in the trade agreement, or
    • (B) the 150th day after the day on which consultation was commenced,
  • (3) The Trade Representative shall seek information and advice from the petitioner (if any) and the appropriate committees established pursuant to section 2155 of this title in preparing United States presentations for consultations and dispute settlement proceedings.
• (b)
  • (1) Notwithstanding the provisions of subsection (a)—
    • (A) the United States Trade Representative may, after consulting with the petitioner (if any), delay for up to 90 days any request for consultations under subsection (a) for the purpose of verifying or improving the petition to ensure an adequate basis for consultation, and
    • (B) if such consultations are delayed by reason of subparagraph (A), each time limitation under section 2414 of this title shall be extended for the period of such delay.
  • (2) The Trade Representative shall—
    • (A) publish notice of any delay under paragraph (1) in the Federal Register, and
    • (B) report to Congress on the reasons for such delay in the report required under section 2419(a)(3) of this title .

§ 2414. Determinations by Trade Representative

• (a)
  • (1) On the basis of the investigation initiated under section 2412 of this title and the consultations (and the proceedings, if applicable) under section 2413 of this title , the Trade Representative shall—
    • (A) determine whether—
      • (i) the rights to which the United States is entitled under any trade agreement are being denied, or
      • (ii) any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of section 2411 of this title exists, and
    • (B) if the determination made under subparagraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of section 2411 of this title .
  • (2) The Trade Representative shall make the determinations required under paragraph (1) on or before—
    • (A) in the case of an investigation involving a trade agreement, except an investigation initiated pursuant to section 2412(b)(2)(A) of this title involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to in section 3511(d)(15) of this title ) or the GATT 1994 (as defined in section 3501(1)(B) of this title ) relating to products subject to intellectual property protection, the earlier of—
      • (i) the date that is 30 days after the date on which the dispute settlement procedure is concluded, or
      • (ii) the date that is 18 months after the date on which the investigation is initiated, or
    • (B) in all cases not described in subparagraph (A) or paragraph (3), the date that is 12 months after the date on which the investigation is initiated.
  • (3)
    • (A) If an investigation is initiated under this subchapter by reason of section 2412(b)(2) of this title and—
      • (i) the Trade Representative considers that rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights or the GATT 1994 relating to products subject to intellectual property protection are involved, the Trade Representative shall make the determination required under paragraph (1) not later than 30 days after the date on which the dispute settlement procedure is concluded; or
      • (ii) the Trade Representative does not consider that a trade agreement, including the Agreement on Trade-Related Aspects of Intellectual Property Rights, is involved or does not make a determination described in subparagraph (B) with respect to such investigation, the Trade Representative shall make the determinations required under paragraph (1) with respect to such investigation not later than the date that is 6 months after the date on which such investigation is initiated.
    • (B) If the Trade Representative determines with respect to an investigation initiated by reason of section 2412(b)(2) of this title (other than an investigation involving a trade agreement) that—
      • (i) complex or complicated issues are involved in the investigation that require additional time,
      • (ii) the foreign country involved in the investigation is making substantial progress in drafting or implementing legislative or administrative measures that will provide adequate and effective protection of intellectual property rights, or
      • (iii) such foreign country is undertaking enforcement measures to provide adequate and effective protection of intellectual property rights,
  • (4) In any case in which a dispute is not resolved before the close of the minimum dispute settlement period provided for in a trade agreement, the Trade Representative, within 15 days after the close of such dispute settlement period, shall submit a report to Congress setting forth the reasons why the dispute was not resolved within the minimum dispute settlement period, the status of the case at the close of the period, and the prospects for resolution. For purposes of this paragraph, the minimum dispute settlement period provided for under any such trade agreement is the total period of time that results if all stages of the formal dispute settlement procedures are carried out within the time limitations specified in the agreement, but computed without regard to any extension authorized under the agreement at any stage.
• (b)
  • (1) Before making the determinations required under subsection (a)(1), the Trade Representative, unless expeditious action is required—
    • (A) shall provide an opportunity (after giving not less than 30 days notice thereof) for the presentation of views by interested persons, including a public hearing if requested by any interested person,
    • (B) shall obtain advice from the appropriate committees established pursuant to section 2155 of this title , and
    • (C) may request the views of the United States International Trade Commission regarding the probable impact on the economy of the United States of the taking of action with respect to any goods or service.
  • (2) If the Trade Representative does not comply with the requirements of subparagraphs (A) and (B) of paragraph (1) because expeditious action is required, the Trade Representative shall, after making the determinations under subsection (a)(1), comply with such subparagraphs.
• (c) The Trade Representative shall publish in the Federal Register any determination made under subsection (a)(1), together with a description of the facts on which such determination is based.

§ 2415. Implementation of actions

• (a)
  • (1) Except as provided in paragraph (2), the Trade Representative shall implement the action the Trade Representative determines under section 2414(a)(1)(B) of this title to take under section 2411 of this title , subject to the specific direction, if any, of the President regarding any such action, by no later than the date that is 30 days after the date on which such determination is made.
  • (2)
    • (A) Except as otherwise provided in this paragraph, the Trade Representative may delay, by not more than 180 days, the implementation of any action that is to be taken under section 2411 of this title —
      • (i) if—
        • (I) in the case of an investigation initiated under section 2412(a) of this title , the petitioner requests a delay, or
        • (II) in the case of an investigation initiated under section 2412(b)(1) of this title or to which section 2414(a)(3)(B) of this title applies, a delay is requested by a majority of the representatives of the domestic industry that would benefit from the action, or
      • (ii) if the Trade Representative determines that substantial progress is being made, or that a delay is necessary or desirable, to obtain United States rights or a satisfactory solution with respect to the acts, policies, or practices that are the subject of the action.
    • (B) The Trade Representative may not delay under subparagraph (A) the implementation of any action that is to be taken under section 2411 of this title with respect to any investigation to which section 2414(a)(3)(A)(ii) of this title applies.
    • (C) The Trade Representative may not delay under subparagraph (A) the implementation of any action that is to be taken under section 2411 of this title with respect to any investigation to which section 2414(a)(3)(B) of this title applies by more than 90 days.
• (b)
  • (1) If the Trade Representative makes an affirmative determination under section 2414(a)(1)(A) of this title involving export targeting by a foreign country and determines to take no action under section 2411 of this title with respect to such affirmation determination, the Trade Representative—
    • (A) shall establish an advisory panel to recommend measures which will promote the competitiveness of the domestic industry affected by the export targeting,
    • (B) on the basis of the report of such panel submitted under paragraph (2)(B) and subject to the specific direction, if any, of the President, may take any administrative actions authorized under any other provision of law, and, if necessary, propose legislation to implement any other actions, that would restore or improve the international competitiveness of the domestic industry affected by the export targeting, and
    • (C) shall, by no later than the date that is 30 days after the date on which the report of such panel is submitted under paragraph (2)(B), submit a report to the Congress on the administrative actions taken, and legislative proposals made, under subparagraph (B) with respect to the domestic industry affected by the export targeting.
  • (2)
    • (A) The advisory panels established under paragraph (1)(A) shall consist of individuals appointed by the Trade Representative who—
      • (i) earn their livelihood in the private sector of the economy, including individuals who represent management and labor in the domestic industry affected by the export targeting that is the subject of the affirmative determination made under section 2414(a)(1)(A) of this title , and
      • (ii) by education or experience, are qualified to serve on the advisory panel.
    • (B) By no later than the date that is 6 months after the date on which an advisory panel is established under paragraph (1)(A), the advisory panel shall submit to the Trade Representative and to the Congress a report on measures that the advisory panel recommends be taken by the United States to promote the competitiveness of the domestic industry affected by the export targeting that is the subject of the affirmative determination made under section 2414(a)(1)(A) of this title .

§ 2416. Monitoring of foreign compliance

• (a) The Trade Representative shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign country to provide a satisfactory resolution of a matter subject to investigation under this subchapter or subject to dispute settlement proceedings to enforce the rights of the United States under a trade agreement providing for such proceedings.
• (b)
  • (1) If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satisfactorily implementing a measure or agreement referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under section 2411(a) of this title . For purposes of section 2411 of this title , any such determination shall be treated as a determination made under section 2414(a)(1) of this title .
  • (2)
    • (A) If the measure or agreement referred to in subsection (a) concerns the implementation of a recommendation made pursuant to dispute settlement proceedings under the World Trade Organization, and the Trade Representative considers that the foreign country has failed to implement it, the Trade Representative shall make the determination in paragraph (1) no later than 30 days after the expiration of the reasonable period of time provided for such implementation under paragraph 21 of the Understanding on Rules and Procedures Governing the Settlement of Disputes that is referred to in section 3511(d)(16) of this title .
    • (B)
      • (i) Except as provided in clause (ii), in the event that the United States initiates a retaliation list or takes any other action described in section 2411(c)(1)(A) or (B) of this title against the goods of a foreign country or countries because of the failure of such country or countries to implement the recommendation made pursuant to a dispute settlement proceeding under the World Trade Organization, the Trade Representative shall periodically revise the list or action to affect other goods of the country or countries that have failed to implement the recommendation.
      • (ii) The Trade Representative is not required to revise the retaliation list or the action described in clause (i) with respect to a country, if—
        • (I) the Trade Representative determines that implementation of a recommendation made pursuant to a dispute settlement proceeding described in clause (i) by the country is imminent; or
        • (II) the Trade Representative together with the petitioner involved in the initial investigation under this subchapter (or if no petition was filed, the affected United States industry) agree that it is unnecessary to revise the retaliation list.
    • (C) The Trade Representative shall, 120 days after the date the retaliation list or other section 2411(a) action is first taken, and every 180 days thereafter, review the list or action taken and revise, in whole or in part, the list or action to affect other goods of the subject country or countries.
    • (D) In revising any list or action against a country or countries under this subsection, the Trade Representative shall act in a manner that is most likely to result in the country or countries implementing the recommendations adopted in the dispute settlement proceeding or in achieving a mutually satisfactory solution to the issue that gave rise to the dispute settlement proceeding. The Trade Representative shall consult with the petitioner, if any, involved in the initial investigation under this subchapter.
    • (E) The term “retaliation list” means the list of products of a foreign country or countries that have failed to comply with the report of the panel or Appellate Body of the WTO and with respect to which the Trade Representative is imposing duties above the level that would otherwise be imposed under the Harmonized Tariff Schedule of the United States.
    • (F) The Trade Representative shall include on the retaliation list, and on any revised lists, reciprocal goods of the industries affected by the failure of the foreign country or countries to implement the recommendation made pursuant to a dispute settlement proceeding under the World Trade Organization, except in cases where existing retaliation and its corresponding preliminary retaliation list do not already meet this requirement.
• (c) If—
  • (1) action has terminated pursuant to section 2417(c) of this title ,
  • (2) the petitioner or any representative of the domestic industry that would benefit from reinstatement of action has submitted to the Trade Representative a written request for reinstatement of action, and
  • (3) the Trade Representatives 1 1 So in original. Probably should be “Representative”. has completed the requirements of subsection (d) and section 2417(c)(3) of this title ,
• (d) Before making any determination under subsection (b) or (c), the Trade Representative shall—
  • (1) consult with the petitioner, if any, involved in the initial investigation under this subchapter and with representatives of the domestic industry concerned; and
  • (2) provide an opportunity for the presentation of views by interested persons.

§ 2417. Modification and termination of actions

• (a)
  • (1) The Trade Representative may modify or terminate any action, subject to the specific direction, if any, of the President with respect to such action, that is being taken under section 2411 of this title if—
    • (A) any of the conditions described in section 2411(a)(2) of this title exist,
    • (B) the burden or restriction on United States commerce of the denial rights, or of the acts, policies, and practices, that are the subject of such action has increased or decreased, or
    • (C) such action is being taken under section 2411(b) of this title and is no longer appropriate.
  • (2) Before taking any action under paragraph (1) to modify or terminate any action taken under section 2411 of this title , the Trade Representative shall consult with the petitioner, if any, and with representatives of the domestic industry concerned, and shall provide opportunity for the presentation of views by other interested persons affected by the proposed modification or termination concerning the effects of the modification or termination and whether any modification or termination of the action is appropriate.
• (b) The Trade Representative shall promptly publish in the Federal Register notice of, and report in writing to the Congress with respect to, any modification or termination of any action taken under section 2411 of this title and the reasons therefor.
• (c)
  • (1) If—
    • (A) a particular action has been taken under section 2411 of this title during any 4-year period, and
    • (B) neither the petitioner nor any representative of the domestic industry which benefits from such action has submitted to the Trade Representative during the last 60 days of such 4-year period a written request for the continuation of such action,
  • (2) The Trade Representative shall notify by mail the petitioner and representatives of the domestic industry described in paragraph (1)(B) of any termination of action by reason of paragraph (1) at least 60 days before the date of such termination.
  • (3) If a request is submitted to the Trade Representative under paragraph (1)(B) to continue taking a particular action under section 2411 of this title , or if a request is submitted to the Trade Representative under section 2416(c)(2) of this title to reinstate action, the Trade Representative shall conduct a review of—
    • (A) the effectiveness in achieving the objectives of section 2411 of this title of—
      • (i) such action, and
      • (ii) other actions that could be taken (including actions against other products or services), and
    • (B) the effects of such actions on the United States economy, including consumers.

§ 2418. Request for information

• (a) Upon receipt of written request therefor from any person, the Trade Representative shall make available to that person information (other than that to which confidentiality applies) concerning—
  • (1) the nature and extent of a specific trade policy or practice of a foreign country with respect to particular goods, services, investment, or intellectual property rights, to the extent that such information is available to the Trade Representative or other Federal agencies;
  • (2) United States rights under any trade agreement and the remedies which may be available under that agreement and under the laws of the United States; and
  • (3) past and present domestic and international proceedings or actions with respect to the policy or practice concerned.
• (b) If information that is requested by a person under subsection (a) is not available to the Trade Representative or other Federal agencies, the Trade Representative shall, within 30 days after receipt of the request—
  • (1) request the information from the foreign government; or
  • (2) decline to request the information and inform the person in writing of the reasons for refusal.
• (c)
  • (1) Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 552 of title 5 ), no information requested and received by the Trade Representative in aid of any investigation under this subchapter shall be made available to any person if—
    • (A) the person providing such information certifies that—
      • (i) such information is business confidential,
      • (ii) the disclosure of such information would endanger trade secrets or profitability, and
      • (iii) such information is not generally available;
    • (B) the Trade Representative determines that such certification is well-founded; and
    • (C) to the extent required in regulations prescribed by the Trade Representative, the person providing such information provides an adequate nonconfidential summary of such information.
  • (2) The Trade Representative may—
    • (A) use such information, or make such information available (in his own discretion) to any employee of the Federal Government for use, in any investigation under this subchapter, or
    • (B) may make such information available to any other person in a form which cannot be associated with, or otherwise identify, the person providing the information.

§ 2419. Administration

The Trade Representative shall—

• (1) issue regulations concerning the filing of petitions and the conduct of investigations and hearings under this subchapter,
• (2) keep the petitioner regularly informed of all determinations and developments regarding the investigation conducted with respect to the petition under this subchapter, including the reasons for any undue delays, and
• (3) submit a report to the House of Representatives and the Senate semiannually describing—
  • (A) the petitions filed and the determinations made (and reasons therefor) under section 2412 of this title ,
  • (B) developments in, and the current status of, each investigation or proceeding under this subchapter,
  • (C) the actions taken, or the reasons for no action, by the Trade Representative under section 2411 of this title with respect to investigations conducted under this subchapter, and
  • (D) the commercial effects of actions taken under section 2411 of this title .

§ 2420. Trade enforcement priorities

• (a)
  • (1) Not later than May 31 of each calendar year that begins after February 24, 2016 , the United States Trade Representative (in this section referred to as the “Trade Representative”) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the prioritization of acts, policies, or practices of foreign governments that raise concerns with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, or otherwise create or maintain barriers to United States goods, services, or investment.
  • (2) In identifying acts, policies, or practices of foreign governments as trade enforcement priorities under this subsection, the Trade Representative shall focus on those acts, policies, and practices the elimination of which is likely to have the most significant potential to increase United States economic growth, and take into account all relevant factors, including—
    • (A) the economic significance of any potential inconsistency between an obligation assumed by a foreign government pursuant to a trade agreement to which both the foreign government and the United States are parties and the acts, policies, or practices of that government;
    • (B) the impact of the acts, policies, or practices of a foreign government on maintaining and creating United States jobs and productive capacity;
    • (C) the major barriers and trade distorting practices described in the most recent National Trade Estimate required under section 2241(b) of this title ;
    • (D) the major barriers and trade distorting practices described in other relevant reports addressing international trade and investment barriers prepared by a Federal agency or congressional commission during the 12 months preceding the date of the most recent report under paragraph (3);
    • (E) a foreign government’s compliance with its obligations under any trade agreements to which both the foreign government and the United States are parties;
    • (F) the implications of a foreign government’s procurement plans and policies; and
    • (G) the international competitive position and export potential of United States products and services.
  • (3)
    • (A) Not later than July 31 of each calendar year that begins after February 24, 2016 , the Trade Representative shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on acts, policies, or practices of foreign governments identified as trade enforcement priorities based on the consultations under paragraph (1) and the criteria set forth in paragraph (2).
    • (B) The Trade Representative shall include, when reporting under subparagraph (A) in any calendar year after the calendar year that begins after February 24, 2016 , a description of actions taken to address any acts, policies, or practices of foreign governments identified as trade enforcement priorities under this subsection in the calendar year preceding that report and, as relevant, any calendar year before that calendar year.
• (b)
  • (1) At the same time as the reporting under subsection (a)(3), and not later than January 31 of each following year, the Trade Representative shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the identification, prioritization, investigation, and resolution of acts, policies, or practices of foreign governments of concern with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, or that otherwise create or maintain trade barriers.
  • (2) The semiannual enforcement consultations required by paragraph (1) shall address acts, policies, or practices of foreign governments that raise concerns with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, or otherwise create or maintain trade barriers, including—
    • (A) engagement with relevant trading partners;
    • (B) strategies for addressing such concerns;
    • (C) availability and deployment of resources to be used in the investigation or resolution of such concerns;
    • (D) the merits of any potential dispute resolution proceeding under the WTO Agreements or any other trade agreement to which the United States is a party relating to such concerns; and
    • (E) any other aspects of such concerns.
  • (3) The semiannual enforcement consultations required by paragraph (1) shall address acts, policies, or practices that the Trade Representative is actively investigating with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, including—
    • (A) strategies for addressing concerns raised by such acts, policies, or practices;
    • (B) any relevant timeline with respect to investigation of such acts, policies, or practices;
    • (C) the merits of any potential dispute resolution proceeding under the WTO Agreements or any other trade agreement to which the United States is a party with respect to such acts, policies, or practices;
    • (D) barriers to the advancement of the investigation of such acts, policies, or practices; and
    • (E) any other matters relating to the investigation of such acts, policies, or practices.
  • (4) The semiannual enforcement consultations required by paragraph (1) shall address all ongoing enforcement actions taken by or against the United States with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, including—
    • (A) any relevant timeline with respect to such actions;
    • (B) the merits of such actions;
    • (C) any prospective implementation actions;
    • (D) potential implications for any law or regulation of the United States;
    • (E) potential implications for United States stakeholders, domestic competitors, and exporters; and
    • (F) other issues relating to such actions.
  • (5) The semiannual enforcement consultations required by paragraph (1) shall address the availability and deployment of enforcement resources, resource constraints on monitoring and enforcement activities, and strategies to address those constraints, including the use of available resources of other Federal agencies to enhance monitoring and enforcement capabilities.
• (c) In the case of any acts, policies, or practices of a foreign government identified as a trade enforcement priority under subsection (a), the Trade Representative shall, not later than the date of the first semiannual enforcement consultations held under subsection (b) after the identification of the priority, take appropriate action to address that priority, including—
  • (1) engagement with the foreign government to resolve concerns raised by such acts, policies, or practices;
  • (2) initiation of an investigation under section 2412(b)(1) of this title with respect to such acts, policies, or practices;
  • (3) initiation of negotiations for a bilateral agreement that provides for resolution of concerns raised by such acts, policies, or practices; or
  • (4) initiation of dispute settlement proceedings under the WTO Agreements or any other trade agreement to which the United States is a party with respect to such acts, policies, or practices.
• (d)
  • (1) The Trade Representative shall notify and consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives in advance of the initiation of any formal trade dispute by or against the United States taken in regard to an obligation under the WTO Agreements or any other trade agreement to which the United States is a party. With respect to a formal trade dispute against the United States, if advance notification and consultation are not possible, the Trade Representative shall notify and consult at the earliest practicable opportunity after initiation of the dispute.
  • (2) The Trade Representative shall notify and consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives in advance of the announced or anticipated circulation of any report of a dispute settlement panel or the Appellate Body of the World Trade Organization or of a dispute settlement panel under any other trade agreement to which the United States is a party with respect to a formal trade dispute by or against the United States.
• (e) In this section:
  • (1) The term “WTO” means the World Trade Organization.
  • (2) The term “WTO Agreement” has the meaning given that term in section 3501(9) of this title .
  • (3) The term “WTO Agreements” means the WTO Agreement and agreements annexed to that Agreement.

§ 2431. Exception of products of certain countries or areas

Except as otherwise provided in this subchapter, the President shall continue to deny nondiscriminatory treatment to the products of any country, the products of which were not eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on January 3, 1975 .

§ 2432. Freedom of emigration in East-West trade

• (a) To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after January 3, 1975 , products from any nonmarket economy country shall not be eligible to receive nondiscriminatory treatment (normal trade relations), such country shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—
  • (1) denies its citizens the right or opportunity to emigrate;
  • (2) imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or
  • (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice,
• (b) After January 3, 1975 , (A) products of a nonmarket economy country may be eligible to receive nondiscriminatory treatment (normal trade relations), (B) such country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (C) the President may conclude a commercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of emigration laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter so long as such treatment is received, such credits or guarantees are extended, or such agreement is in effect.
• (c)
  • (1) During the 18-month period beginning on January 3, 1975 , the President is authorized to waive by Executive order the application of subsections (a) and (b) with respect to any country, if he reports to the Congress that—
    • (A) he has determined that such waiver will substantially promote the objectives of this section; and
    • (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section.
  • (2) During any period subsequent to the 18-month period referred to in paragraph (1), the President is authorized to waive by Executive order the application of subsections (a) and (b) with respect to any country, if the waiver authority granted by this subsection continues to apply to such country pursuant to subsection (d), and if he reports to the Congress that—
    • (A) he has determined that such waiver will substantially promote the objectives of this section; and
    • (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section.
  • (3) A waiver with respect to any country shall terminate on the day after the waiver authority granted by this subsection ceases to be effective with respect to such country pursuant to subsection (d). The President may, at any time, terminate by Executive order any waiver granted under this subsection.
• (d)
  • (1) If the President determines that the further extension of the waiver authority granted under subsection (c) will substantially promote the objectives of this section, he may recommend further extensions of such authority for successive 12-month periods. Any such recommendations shall—
    • (A) be made not later than 30 days before the expiration of such authority;
    • (B) be made in a document transmitted to the House of Representatives and the Senate setting forth his reasons for recommending the extension of such authority; and
    • (C) include, for each country with respect to which a waiver granted under subsection (c) is in effect, a determination that continuation of the waiver applicable to that country will substantially promote the objectives of this section, and a statement setting forth his reasons for such determination.
  • (2)
    • (A) The requirements of this paragraph are met if the joint resolution is enacted under the procedures set forth in section 2193 of this title , and—
      • (i) the Congress adopts and transmits the joint resolution to the President before the end of the 60-day period beginning on the date the waiver authority would expire but for an extension under paragraph (1), and
      • (ii) if the President vetoes the joint resolution, each House of Congress votes to override such veto on or before the later of the last day of the 60-day period referred to in clause (i) or the last day of the 15-day period (excluding any day described in section 2194(b) of this title ) beginning on the date the Congress receives the veto message from the President.
    • (B) If a joint resolution is enacted into law under the provisions of this paragraph, the waiver authority applicable to any country with respect to which the joint resolution disapproves of the extension of such authority shall cease to be effective as of the day after the 60-day period beginning on the date of the enactment of the joint resolution.
    • (C) A joint resolution to which this subsection and section 2193 of this title apply may be introduced at any time on or after the date the President transmits to the Congress the document described in paragraph (1)(B).
• (e) This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on January 3, 1975 .

§ 2433. United States personnel missing in action in Southeast Asia

• (a) Notwithstanding any other provision of law, if the President determines that a nonmarket economy country is not cooperating with the United States—
  • (1) to achieve a complete accounting of all United States military and civilian personnel who are missing in action in Southeast Asia,
  • (2) to repatriate such personnel who are alive, and
  • (3) to return the remains of such personnel who are dead to the United States,
    • (A) the products of such country may not receive nondiscriminatory treatment,
    • (B) such country may not participate, directly or indirectly, in any program under which the United States extends credit, credit guarantees, or investment guarantees, and
    • (C) no commercial agreement entered into under this subchapter between such country and the United States will take effect.
• (b) This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on January 3, 1975 .

§ 2434. Extension of nondiscriminatory treatment

• (a) Subject to the provisions of section 2435(c) of this title , the President may by proclamation extend nondiscriminatory treatment to the products of a foreign country which has entered into a bilateral commercial agreement referred to in section 2435 of this title .
• (b) The application of nondiscriminatory treatment shall be limited to the period of effectiveness of the obligations of the United States to such country under such bilateral commercial agreement. In addition, in the case of any foreign country receiving nondiscriminatory treatment pursuant to this subchapter which has entered into an agreement with the United States regarding the settlement of lendlease reciprocal aid and claims, the application of such nondiscriminatory treatment shall be limited to periods during which such country is not in arrears on its obligations under such agreement.
• (c) The President may at any time suspend or withdraw any extension of nondiscriminatory treatment to any country pursuant to subsection (a) and thereby cause all products of such country to be dutiable at the rates set forth in rate column numbered 2 of the Harmonized Tariff Schedule of the United States.

§ 2435. Commercial agreements

• (a) Subject to the provisions of subsections (b) and (c) of this section, the President may authorize the entry into force of bilateral commercial agreements providing nondiscriminatory treatment to the products of countries heretofore denied such treatment whenever he determines that such agreements with such countries will promote the purposes of this chapter and are in the national interest.
• (b) Any such bilateral commercial agreement shall—
  • (1) be limited to an initial period specified in the agreement which shall be no more than 3 years from the date the agreement enters into force; except that it may be renewable for additional periods, each not to exceed 3 years; if—
    • (A) a satisfactory balance of concessions in trade and services has been maintained during the life of such agreement, and
    • (B) the President determines that actual or foreseeable reductions in United States tariffs and nontariff barriers to trade resulting from multilateral negotiations are satisfactorily reciprocated by the other party to the bilateral agreement;
  • (2) provide that it is subject to suspension or termination at any time for national security reasons, or that the other provisions of such agreement shall not limit the rights of any party to take any action for the protection of its security interests;
  • (3) include safeguard arrangements (A) providing for prompt consultations whenever either actual or prospective imports cause or threaten to cause, or significantly contribute to, market disruption and (B) authorizing the imposition of such import restrictions as may be appropriate to prevent such market disruption;
  • (4) if the other party to the bilateral agreement is not a party to the Paris Convention for the Protection of Industrial Property, provide rights for United States nationals with respect to patents and trademarks in such country not less than the rights specified in such convention;
  • (5) if the other party to the bilateral agreement is not a party to the Universal Copyright Convention, provide rights for United States nationals with respect to copyrights in such country not less than the rights specified in such convention;
  • (6) in the case of an agreement entered into or renewed after January 3, 1975 , provide arrangements for the protection of industrial rights and processes;
  • (7) provide arrangements for the settlement of commercial differences and disputes;
  • (8) in the case of an agreement entered into or renewed after January 3, 1975 , provide arrangements for the promotion of trade, which may include arrangements for the establishment or expansion of trade and tourist promotion offices, for facilitation of activities of governmental commercial officers, participation in trade fairs and exhibits, and the sending of trade missions, and for facilitation of entry, establishment, and travel of commercial representatives;
  • (9) provide for consultations for the purpose of reviewing the operation of the agreement and relevant aspects of relations between the United States and the other party; and
  • (10) provide such other arrangements of a commercial nature as will promote the purposes of this chapter.
• (c) An agreement referred to in subsection (a), and a proclamation referred to in section 2434(a) of this title implementing such agreement, shall take effect only if a joint resolution described in section 2191(b)(3) of this title that approves of the agreement referred to in subsection (a) is enacted into law.

§ 2436. Market disruption

• (a)
  • (1) Upon the filing of a petition by an entity described in section 2252(a) of this title , upon request of the President or the United States Trade Representative, upon 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 International Trade Commission (hereafter in this section referred to as the “Commission”) shall promptly make an investigation to determine, with respect to imports of an article which is the product of a Communist country, whether market disruption exists with respect to an article produced by a domestic industry.
  • (2) The provisions of subsections (a)(3), (b)(4), 1 1 See References in Text note below. and (c)(4) of section 2252 of this title shall apply with respect to investigations by the Commission under paragraph (1).
  • (3) The Commission shall report to the President its determination with respect to each investigation under paragraph (1) and the basis therefor and shall include in each report any dissenting or separate views. If the Commission finds, as a result of its investigation, that market disruption exists with respect to an article produced by a domestic industry, it shall find the amount of the increase in, or imposition of, any duty or other import restriction on such article which is necessary to prevent or remedy such market disruption and shall include such finding in its report to the President. The Commission shall furnish to the President a transcript of the hearings and any briefs which may have been submitted in connection with each investigation.
  • (4) The report of the Commission of its determination with respect to an investigation under paragraph (1) shall be made at the earliest practicable time, but not later than 3 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the Commission shall also promptly make public such report (with the exception of information which the Commission determines to be confidential) and shall cause a summary thereof to be published in the Federal Register.
• (b) With respect to any affirmative determination of the Commission under subsection (a)—
  • (1) such determination shall be treated as an affirmative determination made under section 2251(b) of this title (as in effect on the day before the date of the enactment of the Omnibus Trade and Competitiveness Act of 1988); and
  • (2) sections 2252 and 2253 of this title (as in effect on the day before the date of the enactment of such Act of 1988), rather than the provisions of part 1 of subchapter II of this chapter as amended by section 1401 of such Act of 1988, shall apply with respect to the taking of subsequent action, if any, by the President in response to such affirmative determination;
    • (A) the President may take action under such sections 2252 and 2253 of this title only with respect to imports from the country or countries involved of the article with respect to which the affirmative determination was made; and
    • (B) if such action consists of, or includes, an orderly marketing agreement, such agreement shall be entered into within 60 days after the import relief determination date.
• (c) If, at any time, the President finds that there are reasonable grounds to believe, with respect to imports of an article which is the product of a Communist country, that market disruption exists with respect to an article produced by a domestic industry, he shall request the Commission to initiate an investigation under subsection (a). If the President further finds that emergency action is necessary, he may take action under sections 2252 and 2253 of this title referred to in subsection (b) as if an affirmative determination of the Commission had been made under subsection (a). Any action taken by the President under the preceding sentence shall cease to apply (1) if a negative determination is made by the Commission under subsection (a) with respect to imports of such article, on the day on which the Commission’s report of such determination is submitted to the President, or (2) if an affirmative determination is made by the Commission under subsection (a) with respect to imports of such article, on the day on which the action taken by the President pursuant to such determination becomes effective.
• (d)
  • (1) A petition may be filed with the President by an entity described in section 2252(a) of this title requesting the President to initiate consultations provided for by the safeguard arrangements of any agreement entered into under section 2435 of this title with respect to imports of an article which is the product of the country which is the other party to such agreement.
  • (2) If the President determines that there are reasonable grounds to believe, with respect to imports of such article, that market disruption exists with respect to an article produced by a domestic industry, he shall initiate consultations with such country with respect to such imports.
• (e) For purposes of this section—
  • (1) The term “Communist country” means any country dominated or controlled by communism.
  • (2)
    • (A) Market disruption exists within a domestic industry whenever imports of an article, like or directly competitive with an article produced by such domestic industry, are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat thereof, to such domestic industry.
    • (B) For purposes of subparagraph (A):
      • (i) Imports of an article shall be considered to be increasing rapidly if there has been a significant increase in such imports (either actual or relative to domestic production) during a recent period of time.
      • (ii) The term “significant cause” refers to a cause which contributes significantly to the material injury of the domestic industry, but need not be equal to or greater than any other cause.
    • (C) The Commission, in determining whether market disruption exists, shall consider, among other factors—
      • (i) the volume of imports of the merchandise which is the subject of the investigation;
      • (ii) the effect of imports of the merchandise on prices in the United States for like or directly competitive articles;
      • (iii) the impact of imports of such merchandise on domestic producers of like or directly competitive articles; and
      • (iv) evidence of disruptive pricing practices, or other efforts to unfairly manage trade patterns.

§ 2437. Procedure for Congressional approval or disapproval of extension of nondiscriminatory treatment and Presidential reports

• (a) Whenever the President issues a proclamation under section 2434 of this title extending nondiscriminatory treatment to the products of any foreign country, he shall promptly transmit to the House of Representatives and to the Senate a document setting forth the proclamation and the agreement the proclamation proposes to implement, together with his reasons therefor.
• (b) The President shall transmit to the House of Representatives and the Senate a document containing the initial report submitted by him under section 2432(b) or 2439(b) of this title with respect to a nonmarket economy country. On or before December 31 of each year, the President shall transmit to the House of Representatives and the Senate, a document containing the report required by section 2432(b) or 2439(b) of this title as the case may be, to be submitted on or before such December 31.
• (c)
  • (1) In the case of a document referred to in subsection (a), the proclamation set forth in the document may become effective and the agreement set forth in the document may enter into force and effect only if a joint resolution described in section 2191(b)(3) of this title that approves of the extension of nondiscriminatory treatment to the products of the country concerned is enacted into law.
  • (2) In the case of a document referred to in subsection (b) which contains a report submitted by the President under section 2432(b) or 2439(b) of this title with respect to a nonmarket economy country, if, before the close of the 90-day period beginning on the day on which such document is delivered to the House of Representatives and to the Senate, a joint resolution described in section 2192(a)(1)(B) of this title is enacted into law that disapproves of the report submitted by the President with respect to such country, then, beginning with the day after the end of the 60-day period beginning with the date of the enactment of such resolution of disapproval, (A) nondiscriminatory treatment shall not be in force with respect to the products of such country, and the products of such country shall be dutiable at the rates set forth in rate column numbered 2 of the Harmonized Tariff Schedule of the United States, (B) such country may not participate in any program of the Government of the United States which extends credit or credit guarantees or investment guarantees, and (C) no commercial agreement may thereafter be concluded with such country under this subchapter. If the President vetoes the joint resolution, the joint resolution shall be treated as enacted into law before the end of the 90-day period under this paragraph if both Houses of Congress vote to override such veto on or before the later of the last day of such 90-day period or the last day of the 15-day period (excluding any day described in section 2194(b) of this title ) beginning on the date the Congress receives the veto message from the President.

§ 2438. Payment by Czechoslovakia of amounts owed United States citizens and nationals

• (a) The arrangement initialed on July 5, 1974 , with respect to the settlement of the claims of citizens and nationals of the United States against the Government of Czechoslovakia shall be renegotiated and shall be submitted to the Congress as part of any agreement entered into under this subchapter with Czechoslovakia.
• (b) The United States shall not release any gold belonging to Czechoslovakia and controlled directly or indirectly by the United States pursuant to the provisions of the Paris Reparations Agreement of January 24, 1946 , or otherwise, until such agreement has been approved by the Congress.

§ 2439. Freedom to emigrate to join a very close relative in United States

• (a) To assure the continued dedication of the United States to the fundamental human rights and welfare of its own citizens, and notwithstanding any other provision of law, on or after January 3, 1975 , no nonmarket economy country shall participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—
  • (1) denies its citizens the right or opportunity to join permanently through emigration, a very close relative in the United State, 1 1 So in original. such as a spouse, parent, child, brother, or sister;
  • (2) imposes more than a nominal tax on the visas or other documents required for emigration described in paragraph (1); or
  • (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate as described in paragraph (1),
• (b) After January 3, 1975 , (A) a nonmarket economy country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (B) the President may conclude a commercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of its laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate to the United States to join close relatives. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter, so long as such credits or guarantees are extended or such agreement is in effect.
• (c) This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on January 3, 1975 .
• (d) During any period that a waiver is in effect with respect to any nonmarket economy country under section 2432(c) of this title , the provisions of subsections (a) and (b) shall not apply with respect to such country.

§ 2461. Authority to extend preferences

The President may provide duty-free treatment for any eligible article from any beneficiary developing country in accordance with the provisions of this subchapter. In taking any such action, the President shall have due regard for—

• (1) the effect such action will have on furthering the economic development of developing countries through the expansion of their exports;
• (2) the extent to which other major developed countries are undertaking a comparable effort to assist developing countries by granting generalized preferences with respect to imports of products of such countries;
• (3) the anticipated impact of such action on United States producers of like or directly competitive products; and
• (4) the extent of the beneficiary developing country’s competitiveness with respect to eligible articles.

§ 2462. Designation of beneficiary developing countries

• (a)
  • (1) The President is authorized to designate countries as beneficiary developing countries for purposes of this subchapter.
  • (2) The President is authorized to designate any beneficiary developing country as a least-developed beneficiary developing country for purposes of this subchapter, based on the considerations in section 2461 of this title and subsection (c) of this section.
• (b)
  • (1) The following countries may not be designated as beneficiary developing countries for purposes of this subchapter:
    • (A) Australia.
    • (B) Canada.
    • (C) European Union member states.
    • (D) Iceland.
    • (E) Japan.
    • (F) Monaco.
    • (G) New Zealand.
    • (H) Norway.
    • (I) Switzerland.
  • (2) The President shall not designate any country a beneficiary developing country under this subchapter if any of the following applies:
    • (A) Such country is a Communist country, unless—
      • (i) the products of such country receive nondiscriminatory treatment,
      • (ii) such country is a WTO Member (as such term is defined in section 3501(10) of this title ) and a member of the International Monetary Fund, and
      • (iii) such country is not dominated or controlled by international communism.
    • (B) Such country is a party to an arrangement of countries and participates in any action pursuant to such arrangement, the effect of which is—
      • (i) to withhold supplies of vital commodity resources from international trade or to raise the price of such commodities to an unreasonable level, and
      • (ii) to cause serious disruption of the world economy.
    • (C) Such country affords preferential treatment to the products of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce.
    • (D)
      • (i) Such country—
        • (I) has nationalized, expropriated, or otherwise seized ownership or control of property, including patents, trademarks, or copyrights, owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens,
        • (II) has taken steps to repudiate or nullify an existing contract or agreement with a United States citizen or a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property, including patents, trademarks, or copyrights, so owned, or
        • (III) has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property, including patents, trademarks, or copyrights, so owned, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of such property,
      • (ii) This clause applies if the President determines that—
        • (I) prompt, adequate, and effective compensation has been or is being made to the citizen, corporation, partnership, or association referred to in clause (i),
        • (II) good faith negotiations to provide prompt, adequate, and effective compensation under the applicable provisions of international law are in progress, or the country described in clause (i) is otherwise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or
        • (III) a dispute involving such citizen, corporation, partnership, or association over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum,
    • (E) Such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their dispute.
    • (F) Such country aids or abets, by granting sanctuary from prosecution to, any individual or group which has committed an act of international terrorism or the Secretary of State makes a determination with respect to such country under section 4605(j)(1)(A) 1 1 See References in Text note below. of title 50 or such country has not taken steps to support the efforts of the United States to combat terrorism.
    • (G) Such country has not taken or is not taking steps to afford internationally recognized worker rights to workers in the country (including any designated zone in that country).
    • (H) Such country has not implemented its commitments to eliminate the worst forms of child labor.
• (c) In determining whether to designate any country as a beneficiary developing country under this subchapter, the President shall take into account—
  • (1) an expression by such country of its desire to be so designated;
  • (2) the level of economic development of such country, including its per capita gross national product, the living standards of its inhabitants, and any other economic factors which the President deems appropriate;
  • (3) whether or not other major developed countries are extending generalized preferential tariff treatment to such country;
  • (4) the extent to which such country has assured the United States that it will provide equitable and reasonable access to the markets and basic commodity resources of such country and the extent to which such country has assured the United States that it will refrain from engaging in unreasonable export practices;
  • (5) the extent to which such country is providing adequate and effective protection of intellectual property rights;
  • (6) the extent to which such country has taken action to—
    • (A) reduce trade distorting investment practices and policies (including export performance requirements); and
    • (B) reduce or eliminate barriers to trade in services; and
  • (7) whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationally recognized worker rights.
• (d)
  • (1) The President may withdraw, suspend, or limit the application of the duty-free treatment accorded under this subchapter with respect to any country. In taking any action under this subsection, the President shall consider the factors set forth in section 2461 of this title and subsection (c) of this section.
  • (2) The President shall, after complying with the requirements of subsection (f)(2), withdraw or suspend the designation of any country as a beneficiary developing country if, after such designation, the President determines that as the result of changed circumstances such country would be barred from designation as a beneficiary developing country under subsection (b)(2). Such country shall cease to be a beneficiary developing country on the day on which the President issues an Executive order or Presidential proclamation revoking the designation of such country under this subchapter.
  • (3) The President shall, as necessary, advise the Congress on the application of section 2461 of this title and subsection (c) of this section, and the actions the President has taken to withdraw, to suspend, or to limit the application of duty-free treatment with respect to any country which has failed to adequately take the actions described in subsection (c).
• (e) If the President determines that a beneficiary developing country has become a “high income” country, as defined by the official statistics of the International Bank for Reconstruction and Development, then the President shall terminate the designation of such country as a beneficiary developing country for purposes of this subchapter, effective on January 1 of the second year following the year in which such determination is made.
• (f)
  • (1)
    • (A) Before the President designates any country as a beneficiary developing country under this subchapter, the President shall notify the Congress of the President’s intention to make such designation, together with the considerations entering into such decision.
    • (B) At least 60 days before the President designates any country as a least-developed beneficiary developing country, the President shall notify the Congress of the President’s intention to make such designation.
  • (2) If the President has designated any country as a beneficiary developing country under this subchapter, the President shall not terminate such designation unless, at least 60 days before such termination, the President has notified the Congress and has notified such country of the President’s intention to terminate such designation, together with the considerations entering into such decision.

§ 2463. Designation of eligible articles

• (a)
  • (1)
    • (A) Except as provided in subsection (b), the President is authorized to designate articles as eligible articles from all beneficiary developing countries for purposes of this subchapter by Executive order or Presidential proclamation after receiving the advice of the International Trade Commission in accordance with subsection (e).
    • (B) Except for articles described in subparagraphs (A), (B), and (E) of subsection (b)(1) and articles described in paragraphs (2) and (3) of subsection (b), the President may, in carrying out section 2462(d)(1) of this title and subsection (c)(1) of this section, designate articles as eligible articles only for countries designated as least-developed beneficiary developing countries under section 2462(a)(2) of this title if, after receiving the advice of the International Trade Commission in accordance with subsection (e) of this section, the President determines that such articles are not import-sensitive in the context of imports from least-developed beneficiary developing countries.
    • (C) If, after receiving the advice of the International Trade Commission under subsection (e), an article has been formally considered for designation as an eligible article under this subchapter and denied such designation, such article may not be reconsidered for such designation for a period of 3 years after such denial.
  • (2)
    • (A) The duty-free treatment provided under this subchapter shall apply to any eligible article which is the growth, product, or manufacture of a beneficiary developing country if—
      • (i) that article is imported directly from a beneficiary developing country into the customs territory of the United States; and
      • (ii) the sum of—
        • (I) the cost or value of the materials produced in the beneficiary developing country or any two or more such countries that are members of the same association of countries and are treated as one country under section 2467(2) of this title , plus
        • (II) the direct costs of processing operations performed in such beneficiary developing country or such member countries,
    • (B) An article shall not be treated as the growth, product, or manufacture of a beneficiary developing country by virtue of having merely undergone—
      • (i) simple combining or packaging operations, or
      • (ii) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article.
  • (3) The Secretary of the Treasury, after consulting with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out paragraph (2), including, but not limited to, regulations providing that, in order to be eligible for duty-free treatment under this subchapter, an article—
    • (A) must be wholly the growth, product, or manufacture of a beneficiary developing country, or
    • (B) must be a new or different article of commerce which has been grown, produced, or manufactured in the beneficiary developing country.
• (b)
  • (1) The President may not designate any article as an eligible article under subsection (a) if such article is within one of the following categories of import-sensitive articles:
    • (A) Except as provided in paragraphs (4) and (5), 1 1 See References in Text note below. textile and apparel articles which were not eligible articles for purposes of this subchapter on January 1, 1994 , as this subchapter was in effect on such date.
    • (B) Watches, except those watches entered after June 30, 1989 , that the President specifically determines, after public notice and comment, will not cause material injury to watch or watch band, strap, or bracelet manufacturing and assembly operations in the United States or the United States insular possessions.
    • (C) Import-sensitive electronic articles.
    • (D) Import-sensitive steel articles.
    • (E) Except as provided in paragraph (5), 1 footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of this subchapter on January 1, 1995 , as this subchapter was in effect on such date.
    • (F) Import-sensitive semimanufactured and manufactured glass products.
    • (G) Any other articles which the President determines to be import-sensitive in the context of the Generalized System of Preferences.
  • (2) An article shall not be an eligible article for purposes of this subchapter for any period during which such article is the subject of any action proclaimed pursuant to section 2253 of this title or section 1862 or 1981 of this title.
  • (3) No quantity of an agricultural product subject to a tariff-rate quota that exceeds the in-quota quantity shall be eligible for duty-free treatment under this subchapter.
  • (4) Notwithstanding paragraph (1)(A), the President may designate as an eligible article or articles under subsection (a) carpets or rugs which are hand-loomed, hand-woven, hand-hooked, hand-tufted, or hand-knotted, and classifiable under subheading 5701.10.16, 5701.10.40, 5701.90.10, 5701.90.20, 5702.10.90, 5702.42.20, 5702.49.10, 5702.51.20, 5702.91.30, 5702.92.00, 5702.99.10, 5703.10.00, 5703.20.10, or 5703.30.00 of the Harmonized Tariff Schedule of the United States.
  • (5) Notwithstanding paragraph (3), the President may designate as an eligible article or articles under subsection (a)(1)(B) only for countries designated as least-developed beneficiary developing countries under section 2462(a)(2) of this title cotton articles classifiable under subheading 5201.00.18, 5201.00.28, 5201.00.38, 5202.99.30, or 5203.00.30 of the Harmonized Tariff Schedule of the United States.
  • (5) Notwithstanding subparagraph (A) or (E) of paragraph (1), the President may designate the following as eligible articles under subsection (a):
    • (A) Articles classifiable under subheading 4202.11.00, 4202.12.40, 4202.21.60, 4202.21.90, 4202.22.15, 4202.22.45, 4202.31.60, 4202.32.40, 4202.32.80, 4202.92.15, 4202.92.20, 4202.92.45, or 4202.99.90 of the Harmonized Tariff Schedule of the United States.
    • (B) Articles classifiable under statistical reporting number 4202.12.2020, 4202.12.2050, 4202.12.8030, 4202.12.8070, 4202.22.8050, 4202.32.9550, 4202.32.9560, 4202.91.0030, 4202.91.0090, 4202.92.3020, 4202.92.3031, 4202.92.3091, 4202.92.9026, or 4202.92.9060 of the Harmonized Tariff Schedule of the United States, as such statistical reporting numbers are in effect on June 29, 2015 .
• (c)
  • (1) The President may withdraw, suspend, or limit the application of the duty-free treatment accorded under this subchapter with respect to any article, except that no rate of duty may be established with respect to any article pursuant to this subsection other than the rate which would apply but for this subchapter. In taking any action under this subsection, the President shall consider the factors set forth in sections 2461 and 2462(c) of this title.
  • (2)
    • (A)
      • (i) Except as provided in clause (ii) and subject to subsection (d), whenever the President determines that a beneficiary developing country has exported (directly or indirectly) to the United States during any calendar year beginning after December 31, 1995 —
        • (I) a quantity of an eligible article having an appraised value in excess of the applicable amount for the calendar year, or
        • (II) a quantity of an eligible article equal to or exceeding 50 percent of the appraised value of the total imports of that article into the United States during any calendar year,
      • (ii) For purposes of applying clause (i), the applicable amount is—
        • (I) for 1996, $75,000,000, and
        • (II) for each calendar year thereafter, an amount equal to the applicable amount in effect for the preceding calendar year plus $5,000,000.
    • (B) For purposes of this paragraph, the term “country” does not include an association of countries which is treated as one country under section 2467(2) of this title , but does include a country which is a member of any such association.
    • (C) A country which is no longer treated as a beneficiary developing country with respect to an eligible article by reason of subparagraph (A) may, subject to the considerations set forth in sections 2461 and 2462 of this title, be redesignated a beneficiary developing country with respect to such article if imports of such article from such country did not exceed the limitations in subparagraph (A) during the preceding calendar year.
    • (D) Subparagraph (A) shall not apply to any least-developed beneficiary developing country or any beneficiary sub-Saharan African country.
    • (E) Subparagraph (A)(i)(II) shall not apply with respect to any eligible article if a like or directly competitive article was not produced in the United States in any of the preceding 3 calendar years.
    • (F)
      • (i) The President may disregard subparagraph (A)(i)(II) with respect to any eligible article from any beneficiary developing country if the aggregate appraised value of the imports of such article into the United States during the preceding calendar year does not exceed the applicable amount for such preceding calendar year.
      • (ii) For purposes of applying clause (i), the applicable amount is—
        • (I) for calendar year 1996, $13,000,000, and
        • (II) for each calendar year thereafter, an amount equal to the applicable amount in effect for the preceding calendar year plus $500,000.
• (d)
  • (1) The President may waive the application of subsection (c)(2) with respect to any eligible article of any beneficiary developing country if, before November 1 of the calendar year beginning after the calendar year for which a determination described in subsection (c)(2)(A) was made with respect to such eligible article, the President—
    • (A) receives the advice of the International Trade Commission under section 1332 of this title on whether any industry in the United States is likely to be adversely affected by such waiver,
    • (B) determines, based on the considerations described in sections 2461 and 2462(c) of this title and the advice described in subparagraph (A), that such waiver is in the national economic interest of the United States, and
    • (C) publishes the determination described in subparagraph (B) in the Federal Register.
  • (2) In making any determination under paragraph (1), the President shall give great weight to—
    • (A) the extent to which the beneficiary developing country has assured the United States that such country will provide equitable and reasonable access to the markets and basic commodity resources of such country, and
    • (B) the extent to which such country provides adequate and effective protection of intellectual property rights.
  • (3) The President may waive the application of subsection (c)(2) if, before November 1 of the calendar year beginning after the calendar year for which a determination described in subsection (c)(2) was made with respect to a beneficiary developing country, the President determines that—
    • (A) there has been a historical preferential trade relationship between the United States and such country,
    • (B) there is a treaty or trade agreement in force covering economic relations between such country and the United States, and
    • (C) such country does not discriminate against, or impose unjustifiable or unreasonable barriers to, United States commerce,
  • (4)
    • (A) The President may not exercise the waiver authority under this subsection with respect to a quantity of an eligible article entered during any calendar year beginning after 1995, the aggregate appraised value of which equals or exceeds 30 percent of the aggregate appraised value of all articles that entered duty-free under this subchapter during the preceding calendar year.
    • (B)
      • (i) The President may not exercise the waiver authority provided under this subsection with respect to a quantity of an eligible article entered during any calendar year beginning after 1995, the aggregate appraised value of which exceeds 15 percent of the aggregate appraised value of all articles that have entered duty-free under this subchapter during the preceding calendar year from those beneficiary developing countries which for the preceding calendar year—
        • (I) had a per capita gross national product (calculated on the basis of the best available information, including that of the International Bank for Reconstruction and Development) of $5,000 or more; or
        • (II) had exported (either directly or indirectly) to the United States a quantity of articles that was duty-free under this subchapter that had an aggregate appraised value of more than 10 percent of the aggregate appraised value of all articles that entered duty-free under this subchapter during that year.
      • (ii) Not later than November 1 of each year, the President should revoke any waiver that has then been in effect with respect to an article for 5 years or more if the beneficiary developing country has exported to the United States (directly or indirectly) during the preceding calendar year a quantity of the article—
        • (I) having an appraised value in excess of 1.5 times the applicable amount set forth in subsection (c)(2)(A)(ii) for that calendar year; or
        • (II) exceeding 75 percent of the appraised value of the total imports of that article into the United States during that calendar year.
    • (C) There shall be counted against the limitations imposed under subparagraphs (A) and (B) for any calendar year only that value of any eligible article of any country that—
      • (i) entered duty-free under this subchapter during such calendar year; and
      • (ii) is in excess of the value of that article that would have been so entered during such calendar year if the limitations under subsection (c)(2)(A) applied.
  • (5) Any waiver granted under this subsection shall remain in effect until the President determines that such waiver is no longer warranted due to changed circumstances.
• (e) Before designating articles as eligible articles under subsection (a)(1), the President shall publish and furnish the International Trade Commission with lists of articles which may be considered for designation as eligible articles for purposes of this subchapter. The provisions of sections 2151, 2152, 2153, and 2154 of this title shall be complied with as though action under section 2461 of this title and this section were action under section 2133 of this title to carry out a trade agreement entered into under section 2133 of this title .
• (f) No action under this subchapter may affect any tariff duty imposed by the Legislature of Puerto Rico pursuant to section 1319 of this title on coffee imported into Puerto Rico.

§ 2464. Review and report to Congress

The President shall submit an annual report to the Congress on the status of internationally recognized worker rights within each beneficiary developing country, including the findings of the Secretary of Labor with respect to the beneficiary country’s implementation of its international commitments to eliminate the worst forms of child labor.

§ 2465. Date of termination

No duty-free treatment provided under this subchapter shall remain in effect after December 31, 2020 .

§ 2466. Agricultural exports of beneficiary developing countries

The appropriate agencies of the United States shall assist beneficiary developing countries to develop and implement measures designed to assure that the agricultural sectors of their economies are not directed to export markets to the detriment of the production of foodstuffs for their citizenry.

§ 2466a. Designation of sub-Saharan African countries for certain benefits

• (a)
  • (1) Notwithstanding any other provision of law, the President is authorized to designate a country listed in section 107 of the African Growth and Opportunity Act [ 19 U.S.C. 3706 ] as a beneficiary sub-Saharan African country eligible for the benefits described in subsection (b)—
    • (A) if the President determines that the country meets the eligibility requirements set forth in section 104 of that Act [ 19 U.S.C. 3703 ], as such requirements are in effect on May 18, 2000 ; and
    • (B) subject to the authority granted to the President under subsections (a), (d), and (e) of section 2462 of this title , if the country otherwise meets the eligibility criteria set forth in section 2462 of this title .
  • (2) The President shall monitor, review, and report to Congress annually on the progress of each country listed in section 107 of the African Growth and Opportunity Act in meeting the requirements described in paragraph (1) in order to determine the current or potential eligibility of each country to be designated as a beneficiary sub-Saharan African country for purposes of this section. The President’s determinations, and explanations of such determinations, with specific analysis of the eligibility requirements described in paragraph (1)(A), shall be included in the annual report required by section 106 of the African Growth and Opportunity Act [ 19 U.S.C. 3705 ].
  • (3)
    • (A) If the President determines that a beneficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall terminate the designation of that country as a beneficiary sub-Saharan African country for purposes of this section, effective on January 1 of the year following the year in which such determination is made.
    • (B) The President may not terminate the designation of a country as a beneficiary sub-Saharan African country under subparagraph (A) unless, at least 60 days before the termination of such designation, the President notifies Congress and notifies the country of the President’s intention to terminate such designation, together with the considerations entering into the decision to terminate such designation.
• (b)
  • (1) The President may provide duty-free treatment for any article described in section 2463(b)(1)(B) through (G) of this title that is the growth, product, or manufacture of a beneficiary sub-Saharan African country described in subsection (a), if, after receiving the advice of the International Trade Commission in accordance with section 2463(e) of this title , the President determines that such article is not import-sensitive in the context of imports from beneficiary sub-Saharan African countries.
  • (2) The duty-free treatment provided under paragraph (1) shall apply to any article described in that paragraph that meets the requirements of section 2463(a)(2) of this title , except that—
    • (A) if the cost or value of materials produced in the customs territory of the United States is included with respect to that article, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (A) of section 2463(a)(2) of this title ;
    • (B) the cost or value of the materials included with respect to that article that are produced in one or more beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries shall be applied in determining such percentage; and
    • (C) the direct costs of processing operations performed in one or more such beneficiary sub-Saharan African countries or former beneficiary sub-Saharan African countries shall be applied in determining such percentage.
  • (3) The exceptions set forth in subparagraphs (A), (B), and (C) of paragraph (2) shall also apply to any article described in section 2463(a)(1) of this title that is the growth, product, or manufacture of a beneficiary sub-Saharan African country for purposes of any determination to provide duty-free treatment with respect to such article.
• (c)
  • (1) The President may withdraw, suspend, or limit the application of duty-free treatment provided for any article described in subsection (b)(1) of this section or section 112 of the African Growth and Opportunity Act [ 19 U.S.C. 3721 ] with respect to a beneficiary sub-Saharan African country if the President determines that withdrawing, suspending, or limiting such duty-free treatment would be more effective in promoting compliance by the country with the requirements described in subsection (a)(1) than terminating the designation of the country as a beneficiary sub-Saharan African country for purposes of this section.
  • (2) The President may not withdraw, suspend, or limit the application of duty-free treatment under paragraph (1) unless, at least 60 days before such withdrawal, suspension, or limitation, the President notifies Congress and notifies the country of the President’s intention to withdraw, suspend, or limit such duty-free treatment, together with the considerations entering into the decision to terminate such designation.
• (d)
  • (1) In carrying out subsection (a)(2), the President shall publish annually in the Federal Register a notice of review and request for public comments on whether beneficiary sub-Saharan African countries are meeting the eligibility requirements set forth in section 104 of the African Growth and Opportunity Act [ 19 U.S.C. 3703 ] and the eligibility criteria set forth in section 2462 of this title .
  • (2) The United States Trade Representative shall, not later than 30 days after the date on which the President publishes the notice of review and request for public comments under paragraph (1)—
    • (A) hold a public hearing on such review and request for public comments; and
    • (B) publish in the Federal Register, before such hearing is held, notice of—
      • (i) the time and place of such hearing; and
      • (ii) the time and place at which such public comments will be accepted.
  • (3)
    • (A) Not later than 60 days after June 29, 2015 , the President shall establish a process to allow any interested person, at any time, to file a petition with the Office of the United States Trade Representative with respect to the compliance of any country listed in section 107 of the African Growth and Opportunity Act [ 19 U.S.C. 3706 ] with the eligibility requirements set forth in section 104 of such Act [ 19 U.S.C. 3703 ] and the eligibility criteria set forth in section 2462 of this title .
    • (B) The President shall take into account all petitions filed pursuant to subparagraph (A) in making determinations of compliance under subsections (a)(3)(A) and (c) and in preparing any reports required by this subchapter as such reports apply with respect to beneficiary sub-Saharan African countries.
  • (4)
    • (A) The President may, at any time, initiate an out-of-cycle review of whether a beneficiary sub-Saharan African country is making continual progress in meeting the requirements described in paragraph (1). The President shall give due consideration to petitions received under paragraph (3) in determining whether to initiate an out-of-cycle review under this subparagraph.
    • (B) Before initiating an out-of-cycle review under subparagraph (A), the President shall notify and consult with Congress.
    • (C) If, pursuant to an out-of-cycle review conducted under subparagraph (A), the President determines that a beneficiary sub-Saharan African country does not meet the requirements set forth in section 104(a) of the African Growth and Opportunity Act ( 19 U.S.C. 3703(a) ), the President shall, subject to the requirements of subsections (a)(3)(B) and (c)(2), terminate the designation of the country as a beneficiary sub-Saharan African country or withdraw, suspend, or limit the application of duty-free treatment with respect to articles from the country.
    • (D) After each out-of-cycle review conducted under subparagraph (A) with respect to a country, the President shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the review and any determination of the President to terminate the designation of the country as a beneficiary sub-Saharan African country or withdraw, suspend, or limit the application of duty-free treatment with respect to articles from the country under subparagraph (C).
    • (E) Recognizing that concerns have been raised about the compliance with section 104(a) of the African Growth and Opportunity Act ( 19 U.S.C. 3703(a) ) of some beneficiary sub-Saharan African countries, the President shall initiate an out-of-cycle review under subparagraph (A) with respect to South Africa, the most developed of the beneficiary sub-Saharan African countries, and other beneficiary countries as appropriate, not later than 30 days after June 29, 2015 .
• (e) For purposes of this subchapter—
  • (1) the terms “beneficiary sub-Saharan African country” and “beneficiary sub-Saharan African countries” mean a country or countries listed in section 107 of the African Growth and Opportunity Act [ 19 U.S.C. 3706 ] that the President has determined is eligible under subsection (a) of this section.
  • (2) the term “former beneficiary sub-Saharan African country” means a country that, after being designated as a beneficiary sub-Saharan African country under the African Growth and Opportunity Act [ 19 U.S.C. 3701 et seq.], ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States.

§ 2466b. Termination of benefits for sub-Saharan African countries

In the case of a beneficiary sub-Saharan African country, as defined in section 2466a(c) 1 1 See References in Text note below. of this title, duty-free treatment provided under this subchapter shall remain in effect through September 30, 2025 .

§ 2467. Definitions

For purposes of this subchapter:

• (1) The term “beneficiary developing country” means any country with respect to which there is in effect an Executive order or Presidential proclamation by the President designating such country as a beneficiary developing country for purposes of this subchapter.
• (2) The term “country” means any foreign country or territory, including any overseas dependent territory or possession of a foreign country, or the Trust Territory of the Pacific Islands. In the case of an association of countries which is a free trade area or customs union, or which is contributing to comprehensive regional economic integration among its members through appropriate means, including, but not limited to, the reduction of duties, the President may by Executive order or Presidential proclamation provide that all members of such association other than members which are barred from designation under section 2462(b) of this title shall be treated as one country for purposes of this subchapter.
• (3) The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
• (4) The term “internationally recognized worker rights” includes—
  • (A) the right of association;
  • (B) the right to organize and bargain collectively;
  • (C) a prohibition on the use of any form of forced or compulsory labor;
  • (D) a minimum age for the employment of children, and a prohibition on the worst forms of child labor, as defined in paragraph (6); and
  • (E) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.
• (5) The term “least-developed beneficiary developing country” means a beneficiary developing country that is designated as a least-developed beneficiary developing country under section 2462(a)(2) of this title .
• (6) The term “worst forms of child labor” means—
  • (A) all forms of slavery or practices similar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict;
  • (B) the use, procuring, or offering of a child for prostitution, for the production of pornography or for pornographic purposes;
  • (C) the use, procuring, or offering of a child for illicit activities in particular for the production and trafficking of drugs; and
  • (D) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of children.

§ 2481. Definitions

For purposes of this chapter—

• (1) The term “duty” includes the rate and form of any import duty, including but not limited to tariff-rate quotas.
• (2) The term “other import restriction” includes a limitation, prohibition, charge, or exaction other than duty, imposed on importation or imposed for the regulation of importation. The term does not include any orderly marketing agreement.
• (3) The term “ad valorem” includes ad valorem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most recent representative period.
• (4) The term “ad valorem equivalent” means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad valorem rate. The ad valorem equivalent shall be determined by the President on the basis of the value of imports of the article concerned during the most recent representative period. In determining the value of imports, the President shall utilize, to the maximum extent practicable, the standards of valuation contained in section 1401a or 1402 1 1 See References in Text note below. of this title (as in effect before the effective date of the amendments made by title II of the Trade Agreements Act of 1979) or in section 1401a of this title (as in effect on the effective date of such title II amendments) whichever is applicable to the article concerned during such representative period.
• (5) An imported article is “directly competitive with” a domestic article at an earlier or later stage of processing, and a domestic article is “directly competitive with” an imported article at an earlier or later stage of processing, if the importation of the article has an economic effect on producers of the domestic article comparable to the effect of importation of articles in the same stage of processing as the domestic article. For purposes of this paragraph, the unprocessed article is at an earlier stage of processing.
• (6) The term “modification”, as applied to any duty or other import restriction, includes the elimination of any duty or other import restriction.
• (7) The term “existing” means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this chapter, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of chapters 1 through 97 of the Harmonized Tariff Schedule of the United States on the date specified or (if no date is specified) on the day referred to in clause (A).
• (8) A product of a country or area is an article which is the growth, produce, or manufacture of such country or area.
• (9) The term “nondiscriminatory treatment” means trade treatment based on normal trade relations (known under international law as most-favored-nation treatment).
• (10) The term “commerce” includes services associated with international trade.

§ 2482. Exercise of functions of International Trade Commission

• (a) In order to expedite the performance of its functions under this chapter, the International Trade Commission may conduct preliminary investigations, determine the scope and manner of its proceedings, and consolidate proceedings before it.
• (b) In performing its functions under this chapter, the Commission may exercise any authority granted to it under any other Act.
• (c) The Commission shall at all times keep informed concerning the operation and effect of provisions relating to duties or other import restrictions of the United States contained in trade agreements entered into under the trade agreements program.

§ 2483. Consequential changes in Tariff Schedules of the United States

The President shall from time to time, as appropriate, embody in the Harmonized Tariff Schedule of the United States the substance of the relevant provisions of this chapter, and of other Acts affecting import treatment, and actions thereunder, including removal, modification, continuance, or imposition of any rate of duty or other import restriction.

§ 2484. International drug control

The President shall submit a report to Congress at least once each calendar year listing those foreign countries in which narcotic drugs and other controlled substances (as listed under section 812 of title 21 ) are produced, processed, or transported for unlawful entry into the United States. Such report shall include a description of the measures such countries are taking to prevent such production, processing, or transport.

§ 2485. Voluntary limitations on exports of steel to United States

No person shall be liable for damages, penalties, or other sanctions under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq.] or the Antitrust Acts (as defined in section 4 of the Federal Trade Commission Act [ 15 U.S.C. 44 ]), or under any similar State law, on account of his negotiating, entering into, participating in, or implementing an arrangement providing for the voluntary limitation on exports of steel and steel products to the United States, or any modification or renewal of such an arrangement, if such arrangement or such modification or renewal—

• (1) was undertaken prior to January 3, 1975 , at the request of the Secretary of State or his delegate, and
• (2) ceases to be effective not later than January 1, 1975 .

§ 2486. Trade relations with North American countries

• (a) It is the sense of the Congress that the United States should enter into a trade agreement with Canada which will guarantee continued stability to the economies of the United States and Canada. In order to promote such economic stability, the President may initiate negotiations for a trade agreement with Canada to establish a free trade area covering the United States and Canada. Nothing in this section shall be construed as prior approval of any legislation which may be necessary to implement such a trade agreement.
• (b) The President shall study the desirability of entering into trade agreements with countries in the northern portion of the western hemisphere to promote the economic growth of the United States and such countries and the mutual expansion of market opportunities and report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate his findings and conclusions within 2 years after July 26, 1979 . The study shall include an examination of competitive opportunities and conditions of competition between such countries and the United States in the agricultural, energy, and other appropriate sectors.

§ 2491. Short title

This subchapter may be cited as the “Narcotics Control Trade Act”.

§ 2492. Tariff treatment of products of uncooperative major drug producing or drug-transit countries

• (a) Subject to subsection (b), for every major drug producing country and every major drug-transit country, the President shall, on or after March 1, 1987 , and March 1 of each succeeding year, to the extent considered necessary by the President to achieve the purposes of this subchapter—
  • (1) deny to any or all of the products of that country tariff treatment under the Generalized System of Preferences, the Caribbean Basin Economic Recovery Act [ 19 U.S.C. 2701 et seq.], or any other law providing preferential tariff treatment;
  • (2) apply to any or all of the dutiable products of that country an additional duty at a rate not to exceed 50 percent ad valorem or the specific rate equivalent;
  • (3) apply to one or more duty-free products of that country a duty at a rate not to exceed 50 percent ad valorem;
  • (4) take the steps described in subsection (d)(1) or (d)(2), or both, to curtail air transportation between the United States and that country;
  • (5) withdraw the personnel and resources of the United States from participation in any arrangement with that country for the pre-clearance of customs by visitors between the United States and that country; or
  • (6) take any combination of the actions described in paragraphs (1) through (5).
• (b)
  • (1)
    • (A) Subject to paragraph (3), subsection (a) shall not apply with respect to a country if the President determines and certifies to the Congress, at the time of the submission of the report required by section 2291h of title 22 , that—
      • (i) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own—
        • (I) in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the United States (as described in paragraph (B)) or a multilateral agreement which achieves the objectives of paragraph (B),
        • (II) in preventing narcotic and psychotropic drugs and other controlled substances produced or processed, in whole or in part, in such country or transported through such country, from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents or from being transported, directly or indirectly, into the United States,
        • (III) in preventing and punishing the laundering in that country of drug-related profits or drug-related moneys, and
        • (IV) in preventing and punishing bribery and other forms of public corruption which facilitate the illicit production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or which discourage the investigation and prosecution of such acts; or
      • (ii) for a country that would not otherwise qualify for certification under clause (i), the vital national interests of the United States require that subsection (a) not be applied with respect to that country.
    • (B) A bilateral narcotics agreement referred to in subparagraph (A)(i)(I) is an agreement between the United States and a foreign country in which the foreign country agrees to take specific activities, including, where applicable, efforts to—
      • (i) reduce drug production, drug consumption, and drug trafficking within its territory, including activities to address illicit crop eradication and crop substitution;
      • (ii) increase drug interdiction and enforcement;
      • (iii) increase drug education and treatment programs;
      • (iv) increase the identification of and elimination of illicit drug laboratories;
      • (v) increase the identification and elimination of the trafficking of essential precursor chemicals for the use in production of illegal drugs;
      • (vi) increase cooperation with United States drug enforcement officials; and
      • (vii) where applicable, increase participation in extradition treaties, mutual legal assistance provisions directed at money laundering, sharing of evidence, and other initiatives for cooperative drug enforcement.
    • (C) A country which in the previous year was designated as a major drug producing country or a major drug-transit country may not be determined to be cooperating fully under subparagraph (A)(i) unless it has in place a bilateral narcotics agreement with the United States or a multilateral agreement which achieves the objectives of subparagraph (B).
    • (D) If the President makes a certification with respect to a country pursuant to subparagraph (A)(ii), he shall include in such certification—
      • (i) a full and complete description of the vital national interests placed at risk if action is taken pursuant to subsection (a) with respect to that country; and
      • (ii) a statement weighing the risk described in clause (i) against the risks posed to the vital national interests of the United States by the failure of such country to cooperate fully with the United States in combating narcotics or to take adequate steps to combat narcotics on its own.
    • (E) The President may make a certification under subparagraph (A)(i) with respect to a major drug producing country or drug-transit country which is also a producer of licit opium only if the President determines that such country has taken steps to prevent significant diversion of its licit cultivation and production into the illicit market, maintains production and stockpiles at levels no higher than those consistent with licit market demand, and prevents illicit cultivation and production.
  • (2) In determining whether to make the certification required by paragraph (1) with respect to a country, the President shall consider the following:
    • (A) Have the actions of the government of that country resulted in the maximum reductions in illicit drug production which were determined to be achievable pursuant to section 2291(e)(4) 1 1 See References in Text note below. of title 22? In the case of a major drug producing country, the President shall give foremost consideration, in determining whether to make the certification required by paragraph (1), to whether the government of that country has taken actions which have resulted in such reductions.
    • (B) Has that government taken the legal and law enforcement measures to enforce in its territory, to the maximum extent possible, the elimination of illicit cultivation and the suppression of illicit manufacturing of and trafficking in narcotic and psychotropic drugs and other controlled substances, as evidenced by seizures of such drugs and substances and of illicit laboratories and the arrest and prosecution of violators involved in the traffic in such drugs and substances significantly affecting the United States?
    • (C) Has that government taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, the laundering in that country of drug-related profits or drug-related moneys, as evidenced by—
      • (i) the enactment and enforcement by that government of laws prohibiting such conduct,
      • (ii) that government entering into, and cooperating under the terms of, mutual legal assistance agreements with the United States governing (but not limited to) money laundering, and
      • (iii) the degree to which that government otherwise cooperates with United States law enforcement authorities on anti-money laundering efforts?
    • (D) Has that government taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, bribery and other forms of public corruption which facilitate the illicit production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or which discourage the investigation and prosecution of such acts, as evidenced by the enactment and enforcement of laws prohibiting such conduct?
    • (E) Has that government, as a matter of government policy, encouraged or facilitated the production or distribution of illicit narcotic and psychotropic drugs and other controlled substances?
    • (F) Does any senior official of that government engage in, encourage, or facilitate the production or distribution of illicit narcotic and psychotropic drugs and other controlled substances?
    • (G) Has that government investigated aggressively all cases in which any member of an agency of the United States Government engaged in drug enforcement activities since January 1, 1985 , has been the victim of acts or threats of violence, inflicted by or with the complicity of any law enforcement or other officer of such country or any political subdivision thereof, and has energetically sought to bring the perpetrators of such offense or offenses to justice?
    • (H) Having been requested to do so by the United States Government, does that government fail to provide reasonable cooperation to lawful activities of United States drug enforcement agents, including the refusal of permission to such agents engaged in interdiction of aerial smuggling into the United States to pursue suspected aerial smugglers a reasonable distance into the airspace of the requested country?
    • (I) Has that government made necessary changes in legal codes in order to enable law enforcement officials to move more effectively against narcotics traffickers, such as new conspiracy laws and new asset seizure laws?
    • (J) Has that government expeditiously processed United States extradition requests relating to narcotics trafficking?
    • (K) Has that government refused to protect or give haven to any known drug traffickers, and has it expeditiously processed extradition requests relating to narcotics trafficking made by other countries?
  • (3) Subsection (a) shall apply to a country without regard to paragraph (1) of this subsection if the Congress enacts, within 45 days of continuous session after receipt of a certification under paragraph (1), a joint resolution disapproving the determination of the President contained in that certification.
  • (4) If the President takes action under subsection (a), that action shall remain in effect until—
    • (A) the President makes the certification under paragraph (1), a period of 45 days of continuous session of Congress elapses, and during that period the Congress does not enact a joint resolution of disapproval; or
    • (B) the President submits at any other time a certification of the matters described in paragraph (1) with respect to that country, a period of 45 days of continuous session of Congress elapses, and during that period the Congress does not enact a joint resolution of disapproving the determination contained in that certification.
  • (5) For the purpose of expediting the consideration and enactment of joint resolutions under paragraphs (3) and (4)—
    • (A) a motion to proceed to the consideration of any such joint resolution after it has been reported by the Committee on Ways and Means shall be treated as highly privileged in the House of Representatives; and
    • (B) a motion to proceed to the consideration of any such joint resolution after it has been reported by the Committee on Finance shall be treated as privileged in the Senate.
• (c) The action taken by the President under paragraph (1), (2), or (3) of subsection (a) shall apply to the products of a foreign country that are entered, or withdrawn from warehouse for consumption, during the period that such action is in effect.
• (d)
  • (1)
    • (A) The President is authorized to notify the government of a country against which is imposed the sanction described in subsection (a)(4) of his intention to suspend the authority of foreign air carriers owned or controlled by the government or nationals of that country to engage in foreign air transportation to or from the United States.
    • (B) Within 10 days after the date of notification of a government under subparagraph (A), the Secretary of Transportation shall take all steps necessary to suspend at the earliest possible date the authority of any foreign air carrier owned or controlled, directly or indirectly, by the government or nationals of that country to engage in foreign air transportation to or from the United States, notwithstanding any agreement relating to air services.
    • (C) The President may also direct the Secretary of Transportation to take such steps as may be necessary to suspend the authority of any air carrier to engage in foreign air transportation between the United States and that country.
  • (2)
    • (A) The President may direct the Secretary of State to terminate any air service agreement between the United States and a country against which the sanction described in subsection (a)(4) is imposed in accordance with the provisions of that agreement.
    • (B) Upon termination of an agreement under this paragraph, the Secretary of Transportation shall take such steps as may be necessary to revoke at the earliest possible date the right of any foreign air carrier owned, or controlled, directly or indirectly, by the government or nationals of that country to engage in foreign air transportation to or from the United States.
    • (C) Upon termination of an agreement under this paragraph, the Secretary of Transportation may also revoke the authority of any air carrier to engage in foreign air transportation between the United States and that country.
  • (3) The Secretary of Transportation may provide for such exceptions from paragraphs (1) and (2) as the Secretary considers necessary to provide for emergencies in which the safety of an aircraft or its crew or passengers is threatened.
  • (4) For purposes of this subsection, the terms “air transportation”, “air carrier”, “foreign air carrier” and “foreign air transportation” have the meanings such terms have under section 40102(a) of title 49 .
• (e) For each calendar year, the Secretary of State, after consultation with the appropriate committees of the Congress, shall establish numerical standards and other guidelines for determining which countries will be considered to be major drug-transit countries under section 2495(3)(A) and (B) of this title.

§ 2493. Sugar quota

Notwithstanding any other provision of law, the President may not allocate any limitation imposed on the quantity of sugar to any country which has a Government involved in the trade of illicit narcotics or is failing to cooperate with the United States in narcotics enforcement activities as defined in section 2492(b) of this title as determined by the President.

§ 2494. Progress reports

The President shall include as a part of the annual report required under section 2291h of title 22 an evaluation of progress that each major drug producing country and each major drug-transit country has made during the reporting period in achieving the objectives set forth in section 2492(b) of this title .

§ 2495. Definitions

For purposes of this subchapter—

• (1) continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period indicated;
• (2) the term “major drug producing country” means a country that illicitly produces during a fiscal year 5 metric tons or more of opium or opium derivative, 500 metric tons or more of coca, or 500 metric tons or more of marijuana;
• (3) the term “major drug-transit country” means a country—
  • (A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States;
  • (B) through which are transported such drugs or substances; or
  • (C) through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the government; and
• (4) the term “narcotic and psychotropic drugs and other controlled substances” has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country or countries concerned.

§ 2497. Supplemental agricultural disaster assistance

• (a) In this section:
  • (1) The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) or the noninsured crop disaster assistance program, respectively.
  • (2) The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B).
  • (3) The term “adjusted actual production history yield” means—
    • (A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 508(g)(4)(B) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(g)(4)(B) ), the actual production history for the eligible producer without regard to any yields established under that section;
    • (B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to section 508(g)(4)(B) of that Act [ 7 U.S.C. 1508(g)(4)(B) ], the actual production history for the eligible producer as calculated without including the lowest of the yields established pursuant to section 508(g)(4)(B) of that Act; and
    • (C) in all other cases, the actual production history of the eligible producer on a farm.
  • (4) The term “adjusted noninsured crop disaster assistance program yield” means—
    • (A) in the case of an eligible producer on a farm that has at least 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assistance program yield without regard to any replacement yields;
    • (B) in the case of an eligible producer on a farm that has less than 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assistance program yield as calculated without including the lowest of the replacement yields; and
    • (C) in all other cases, the production history of the eligible producer on the farm under the noninsured crop disaster assistance program.
  • (5) The term “counter-cyclical program payment yield” means the weighted average payment yield established under under— 1 1 So in original.
    • (i) section 7912 or 7952 of title 7;
    • (ii) section 1102 or 1301(6) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8712 , 8751(6)); or
    • (iii) a successor section.
  • (6) The term “crop of economic significance” shall have the uniform meaning given the term by the Secretary for purposes of subsections (b)(1)(B) and (g)(6).
  • (7)
    • (A) The term “disaster county” means a county included in the geographic area covered by a qualifying natural disaster declaration.
    • (B) The term “disaster county” includes—
      • (i) a county contiguous to a county described in subparagraph (A); and
      • (ii) any farm in which, during a calendar year 2 2 So in original. Probably should be followed by a comma. the actual production on the farm is less than 50 percent of the normal production on the farm.
  • (8)
    • (A) The term “eligible producer on a farm” means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock.
    • (B) An individual or entity referred to in subparagraph (A) is—
      • (i) a citizen of the United States;
      • (ii) a resident alien;
      • (iii) a partnership of citizens of the United States; or
      • (iv) a corporation, limited liability corporation, or other farm organizational structure organized under State law.
  • (9)
    • (A) The term “farm” means, in relation to an eligible producer on a farm, the sum of all crop acreage in all counties that is planted or intended to be planted for harvest for sale or on-farm livestock feeding (including native grassland intended for haying) by the eligible producer.
    • (B) In the case of aquaculture, the term “farm” means, in relation to an eligible producer on a farm, all fish being produced in all counties that are intended to be harvested for sale by the eligible producer.
    • (C) In the case of honey, the term “farm” means, in relation to an eligible producer on a farm, all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer.
  • (10) The term “farm-raised fish” means any aquatic species that is propagated and reared in a controlled environment.
  • (11) The term “insurable commodity” means an agricultural commodity (excluding livestock) for which the producer on a farm is eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.).
  • (12) The term “livestock” includes—
    • (A) cattle (including dairy cattle);
    • (B) bison;
    • (C) poultry;
    • (D) sheep;
    • (E) swine;
    • (F) horses; and
    • (G) other livestock, as determined by the Secretary.
  • (13) The term “noninsurable commodity” means a crop for which the eligible producers on a farm are eligible to obtain assistance under the noninsured crop assistance program.
  • (14) The term “noninsured crop assistance program” means the program carried out under section 7333 of title 7 .
  • (15) The term “normal production on the farm” means the sum of the expected revenue for all crops on the farm, as determined under subsection (b)(6)(A).
  • (16) The term “qualifying natural disaster declaration” means a natural disaster declared by the Secretary for production losses under section 1961(a) of title 7 .
  • (17) The term “Secretary” means the Secretary of Agriculture.
  • (18) The term “socially disadvantaged farmer or rancher” has the meaning given the term in section 2279(e) 3 3 See References in Text note below. of title 7.
  • (19) The term “State” means—
    • (A) a State;
    • (B) the District of Columbia;
    • (C) the Commonwealth of Puerto Rico; and
    • (D) any other territory or possession of the United States.
  • (20) The term “Trust Fund” means the Agricultural Disaster Relief Trust Fund established under section 2497a of this title .
  • (21) The term “United States” when used in a geographical sense, means all of the States.
• (b)
  • (1)
    • (A) The Secretary shall use such sums as are necessary from the Trust Fund to make crop disaster assistance payments to eligible producers on farms in disaster counties that have incurred crop production losses or crop quality losses, or both, during the crop year.
    • (B) To be eligible for crop loss assistance under this subsection, the actual production on the farm for at least 1 crop of economic significance shall be reduced by at least 10 percent due to disaster, adverse weather, or disaster-related conditions.
  • (2)
    • (A) Subject to subparagraph (B), the Secretary shall provide crop disaster assistance payments under this section to an eligible producer on a farm in an amount equal to 60 percent of the difference between—
      • (i) the disaster assistance program guarantee, as described in paragraph (3); and
      • (ii) the total farm revenue for a farm, as described in paragraph (4).
    • (B) The disaster assistance program guarantee for a crop used to calculate the payments for a farm under subparagraph (A)(i) may not be greater than 90 percent of the sum of the expected revenue, as described in paragraph (5) for each of the crops on a farm, as determined by the Secretary.
    • (C) In calculating the disaster assistance program guarantee under paragraph (3) and the total farm revenue under paragraph (4), the Secretary shall not consider the value of any crop that—
      • (i) is produced on land that is not eligible for a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) or assistance under the noninsured crop assistance program; or
      • (ii) is subsequently planted on the same land during the same crop year as the crop for which disaster assistance is provided under this subsection, except in areas in which double-cropping is a normal practice, as determined by the Secretary.
  • (3)
    • (A) Except as otherwise provided in this paragraph, the supplemental assistance program guarantee shall be the sum obtained by adding—
      • (i) for each insurable commodity on the farm, 115 percent of the product obtained by multiplying—
        • (I) a payment rate for the commodity that is equal to the price election for the commodity elected by the eligible producer;
        • (II) the payment acres for the commodity that is equal to the number of acres planted, or prevented from being planted, to the commodity;
        • (III) the payment yield for the commodity that is equal to the percentage of the crop insurance yield elected by the producer of the higher of—
      • (ii) for each noninsurable commodity on a farm, 120 percent of the product obtained by multiplying—
        • (I) a payment rate for the commodity that is equal to 100 percent of the noninsured crop assistance program established price for the commodity;
        • (II) the payment acres for the commodity that is equal to the number of acres planted, or prevented from being planted, to the commodity; and
        • (III) the payment yield for the commodity that is equal to 50 percent of the higher of—
    • (B) Notwithstanding subparagraph (A), in the case of an insurable commodity for which a plan of insurance provides for an adjustment in the guarantee, such as in the case of prevented planting, the adjusted insurance guarantee shall be the basis for determining the disaster assistance program guarantee for the insurable commodity.
    • (C) Notwithstanding subparagraph (A), in the case of a noninsurable commodity for which the noninsured crop assistance program provides for an adjustment in the level of assistance, such as in the case of unharvested crops, the adjusted assistance level shall be the basis for determining the disaster assistance program guarantee for the noninsurable commodity.
    • (D) The Secretary shall establish equitable treatment for non-yield based policies and plans of insurance, such as the Adjusted Gross Revenue Lite insurance program.
  • (4)
    • (A) For purposes of this subsection, the total farm revenue for a farm, 4 4 So in original. The comma probably should not appear. shall equal the sum obtained by adding—
      • (i) the estimated actual value for each crop produced on a farm by using the product obtained by multiplying—
        • (I) the actual production by crop on a farm for purposes of determining losses under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) or the noninsured crop assistance program; and
        • (II) subject to subparagraphs (B) and (C), to the extent practicable, the national average market price received for the marketing year, as determined by the Secretary;
      • (ii) 15 percent of amount of any direct payments made to the producer under sections 1103 and 1303 3 of the Food, Conservation, and Energy Act of 2008 [ 7 U.S.C. 8713 , 8753] or successor sections;
      • (iii) the total amount of any counter-cyclical payments made to the producer under sections 1104 and 1304 3 of the Food, Conservation, and Energy Act of 2008 [ 7 U.S.C. 8714 , 8754] or successor sections or of any average crop revenue election payments made to the producer under section 1105 3 of that Act [ 7 U.S.C. 8715 ];
      • (iv) the total amount of any loan deficiency payments, marketing loan gains, and marketing certificate gains made to the producer under subtitles B and C of the Food, Conservation, and Energy Act of 2008 3 or successor subtitles;
      • (v) the amount of payments for prevented planting on a farm;
      • (vi) the amount of crop insurance indemnities received by an eligible producer on a farm for each crop on a farm;
      • (vii) the amount of payments an eligible producer on a farm received under the noninsured crop assistance program for each crop on a farm; and
      • (viii) the value of any other natural disaster assistance payments provided by the Federal Government to an eligible producer on a farm for each crop on a farm for the same loss for which the eligible producer is seeking assistance.
    • (B) The Secretary shall adjust the average market price received by the eligible producer on a farm—
      • (i) to reflect the average quality discounts applied to the local or regional market price of a crop or mechanically harvested forage due to a reduction in the intrinsic characteristics of the production resulting from adverse weather, as determined annually by the State office of the Farm Service Agency;
      • (ii) to account for a crop the value of which is reduced due to excess moisture resulting from a disaster-related condition; and
      • (iii) as the Secretary determines appropriate, to reflect regional variations in a manner consistent with the operation of the Federal crop insurance program under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) and the noninsured crop assistance program.
    • (C) With respect to a crop for which an eligible producer on a farm receives assistance under the noninsured crop assistance program, the national average market price received during the marketing year shall be an amount not more than 100 percent of the price of the crop established under the noninsured crop assistance program.
  • (5) The expected revenue for each crop on a farm shall equal—
    • (A) for each insurable commodity, the product obtained by multiplying—
      • (i) the greater of—
        • (I) the adjusted actual production history yield of the eligible producer on a farm; and
        • (II) the counter-cyclical program payment yield;
      • (ii) the acreage planted or prevented from being planted for each crop; and
      • (iii) 100 percent of the price election for the commodity used to calculate an indemnity for an applicable policy of insurance if an indemnity is triggered; and
    • (B) for each noninsurable crop, the product obtained by multiplying—
      • (i) 100 percent of the adjusted noninsured crop assistance program yield;
      • (ii) the acreage planted or prevented from being planted for each crop; and
      • (iii) 100 percent of the noninsured crop assistance program price for each of the crops on a farm.
  • (6)
    • (A) The normal production on the farm shall equal the sum of the expected revenue for each crop on a farm as determined under paragraph (5).
    • (B) The actual production on the farm shall equal the sum obtained by adding—
      • (i) for each insurable commodity on the farm, the product obtained by multiplying—
        • (I) 100 percent of the price election for the commodity used to calculate an indemnity for an applicable policy of insurance if an indemnity is triggered; and
        • (II) the quantity of the commodity produced on the farm, adjusted for quality losses; and
      • (ii) for each noninsurable commodity on a farm, the product obtained by multiplying—
        • (I) 100 percent of the noninsured crop assistance program established price for the commodity; and
        • (II) the quantity of the commodity produced on the farm, adjusted for quality losses.
• (c)
  • (1) The Secretary shall use such sums as are necessary from the Trust Fund to make livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality due to adverse weather, as determined by the Secretary, during the calendar year, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold.
  • (2) Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary.
• (d)
  • (1) In this subsection:
    • (A)
      • (i) The term “covered livestock” means livestock of an eligible livestock producer that, during the 60 days prior to the beginning date of a qualifying drought or fire condition, as determined by the Secretary, the eligible livestock producer—
        • (I) owned;
        • (II) leased;
        • (III) purchased;
        • (IV) entered into a contract to purchase;
        • (V) is 1 a contract grower; or
        • (VI) sold or otherwise disposed of due to qualifying drought conditions during—
      • (ii) The term “covered livestock” does not include livestock that were or would have been in a feedlot, on the beginning date of the qualifying drought or fire condition, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary.
    • (B) The term “drought monitor” means a system for classifying drought severity according to a range of abnormally dry to exceptional drought, as defined by the Secretary.
    • (C)
      • (i) The term “eligible livestock producer” means an eligible producer on a farm that—
        • (I) is an owner, cash or share lessee, or contract grower of covered livestock that provides the pastureland or grazing land, including cash-leased pastureland or grazing land, for the livestock;
        • (II) provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county affected by drought;
        • (III) certifies grazing loss; and
        • (IV) meets all other eligibility requirements established under this subsection.
      • (ii) The term “eligible livestock producer” does not include an owner, cash or share lessee, or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis.
    • (D) The term “normal carrying capacity”, with respect to each type of grazing land or pastureland in a county, means the normal carrying capacity, as determined under paragraph (3)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of a drought or fire that diminishes the production of the grazing land or pastureland.
    • (E) The term “normal grazing period”, with respect to a county, means the normal grazing period during the calendar year for the county, as determined under paragraph (3)(D)(i).
  • (2) The Secretary shall use such sums as are necessary from the Trust Fund to provide compensation for losses to eligible livestock producers due to grazing losses for covered livestock due to—
    • (A) a drought condition, as described in paragraph (3); or
    • (B) fire, as described in paragraph (4).
  • (3)
    • (A) An eligible livestock producer may receive assistance under this subsection only for grazing losses for covered livestock that occur on land that—
      • (i) is native or improved pastureland with permanent vegetative cover; or
      • (ii) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock.
    • (B)
      • (i) Except as provided in clause (ii), the payment rate for assistance under this paragraph for 1 month shall, in the case of drought, be equal to 60 percent of the lesser of—
        • (I) the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer, as determined under subparagraph (C); or
        • (II) the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer.
      • (ii) In the case of an eligible livestock producer that sold or otherwise disposed of covered livestock due to drought conditions in 1 or both of the 2 production years immediately preceding the current production year, as determined by the Secretary, the payment rate shall be 80 percent of the payment rate otherwise calculated in accordance with clause (i).
    • (C)
      • (i) The monthly feed cost shall equal the product obtained by multiplying—
        • (I) 30 days;
        • (II) a payment quantity that is equal to the feed grain equivalent, as determined under clause (ii); and
        • (III) a payment rate that is equal to the corn price per pound, as determined under clause (iii).
      • (ii) For purposes of clause (i)(I), the feed grain equivalent shall equal—
        • (I) in the case of an adult beef cow, 15.7 pounds of corn per day; or
        • (II) in the case of any other type of weight of livestock, an amount determined by the Secretary that represents the average number of pounds of corn per day necessary to feed the livestock.
      • (iii) For purposes of clause (i)(II), the corn price per pound shall equal the quotient obtained by dividing—
        • (I) the higher of—
        • (II) 56.
    • (D)
      • (i)
        • (I) The Secretary shall determine the normal carrying capacity and normal grazing period for each type of grazing land or pastureland in the county served by the applicable committee.
        • (II) No change to the normal carrying capacity or normal grazing period established for a county under subclause (I) shall be made unless the change is requested by the appropriate State and county Farm Service Agency committees.
      • (ii)
        • (I) An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having a D2 (severe drought) intensity in any area of the county for at least 8 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subparagraph (B).
        • (II) An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D3 (extreme drought) intensity in any area of the county at any time during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph—
  • (4)
    • (A) An eligible livestock producer may receive assistance under this paragraph only if—
      • (i) the grazing losses occur on rangeland that is managed by a Federal agency; and
      • (ii) the eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire.
    • (B) The payment rate for assistance under this paragraph shall be equal to 50 percent of the monthly feed cost for the total number of livestock covered by the Federal lease of the eligible livestock producer, as determined under paragraph (3)(C).
    • (C)
      • (i) Subject to clause (ii), an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period—
        • (I) beginning on the date on which the Federal agency excludes the eligible livestock producer from using the managed rangeland for grazing; and
        • (II) ending on the last day of the Federal lease of the eligible livestock producer.
      • (ii) An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year.
  • (5)
    • (A) Except as otherwise provided in this paragraph, a livestock producer shall only be eligible for assistance under this subsection if the livestock producer—
      • (i) obtained a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) for the grazing land incurring the losses for which assistance is being requested; or
      • (ii) filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the grazing land incurring the losses for which assistance is being requested.
    • (B) In the case of an eligible livestock producer that is a socially disadvantaged farmer or rancher or limited resource or beginning farmer or rancher, as determined by the Secretary, the Secretary may—
      • (i) waive subparagraph (A); and
      • (ii) provide disaster assistance under this subsection at a level that the Secretary determines to be equitable and appropriate.
    • (C) In the case of an eligible livestock producer that suffered losses on grazing land during the 2008 calendar year but does not meet the requirements of subparagraph (A), the Secretary shall waive subparagraph (A) if the eligible livestock producer pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under subparagraph (A) to the Secretary not later than 90 days after the date of enactment of this subchapter. 3
    • (D)
      • (i) The Secretary may provide equitable relief to an eligible livestock producer that is otherwise ineligible or unintentionally fails to meet the requirements of subparagraph (A) for the grazing land incurring the loss on a case-by-case basis, as determined by the Secretary.
      • (ii) In the case of an eligible livestock producer that suffered losses on grazing land during the 2008 calendar year, the Secretary shall take special consideration to provide equitable relief in cases in which the eligible livestock producer failed to meet the requirements of subparagraph (A) due to the enactment of this subchapter after the closing date of sales periods for crop insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) and the noninsured crop assistance program.
  • (6)
    • (A) An eligible livestock producer may elect to receive assistance for grazing or pasture feed losses due to drought conditions under paragraph (3) or fire under paragraph (4), but not both for the same loss, as determined by the Secretary.
    • (B) An eligible livestock producer that receives assistance under this subsection may not also receive assistance for losses to crops on the same land with the same intended use under subsection (b).
• (e)
  • (1) The Secretary shall use up to $50,000,000 per year from the Trust Fund to provide emergency relief to eligible producers of livestock, honey bees, and farm-raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b), (c), or (d).
  • (2) Funds made available under this subsection shall be used to reduce losses caused by feed or water shortages, disease, or other factors as determined by the Secretary.
  • (3) Any funds made available under this subsection shall remain available until expended.
• (f)
  • (1) In this subsection:
    • (A) The term “eligible orchardist” means a person that produces annual crops from trees for commercial purposes.
    • (B) The term “natural disaster” means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary.
    • (C) The term “nursery tree grower” means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary.
    • (D) The term “tree” includes a tree, bush, and vine.
  • (2)
    • (A) Subject to subparagraph (B), the Secretary shall use such sums as are necessary from the Trust Fund to provide assistance—
      • (i) under paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary; and
      • (ii) under paragraph (3)(B) to eligible orchardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster, as determined by the Secretary.
    • (B) An eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph (A) only if the tree mortality of the eligible orchardist or nursery tree grower, as a result of damaging weather or related condition, exceeds 15 percent (adjusted for normal mortality).
  • (3) Subject to paragraph (4), the assistance provided by the Secretary to eligible orchardists and nursery tree growers for losses described in paragraph (2) shall consist of—
    • (A)
      • (i) reimbursement of 70 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality); or
      • (ii) at the option of the Secretary, sufficient seedlings to reestablish a stand; and
    • (B) reimbursement of 50 percent of the cost of pruning, removal, and other costs incurred by an eligible orchardist or nursery tree grower to salvage existing trees or, in the case of tree mortality, to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster, as determined by the Secretary, in excess of 15 percent damage or mortality (adjusted for normal tree damage and mortality).
  • (4)
    • (A) In this paragraph, the terms “legal entity” and “person” have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) 5 5 So in original. There probably should be a second closing parenthesis. (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008).
    • (B) The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $100,000 for any crop year, or an equivalent value in tree seedlings.
    • (C) The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed 500 acres.
• (g)
  • (1) Except as otherwise provided in this section, the eligible producers on a farm shall not be eligible for assistance under this section (other than subsections (c) and (d)) if the eligible producers on the farm—
    • (A) in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, did not obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) (excluding a crop insurance pilot program under that Act); or
    • (B) in the case of each noninsurable commodity of the eligible producers on the farm, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program.
  • (2) To be considered to have obtained insurance under paragraph (1)(A), an eligible producer on a farm shall have obtained a policy or plan of insurance with not less than 50 percent yield coverage at 55 percent of the insurable price for each crop planted or intended to be planted for harvest on a whole farm.
  • (3) With respect to eligible producers that are socially disadvantaged farmers or ranchers or limited resource or beginning farmers or ranchers, as determined by the Secretary, the Secretary may—
    • (A) waive paragraph (1); and
    • (B) provide disaster assistance under this section at a level that the Secretary determines to be equitable and appropriate.
  • (4)
    • (A) In the case of an eligible producer that suffered losses in an insurable commodity or noninsurable commodity during the 2008 crop year but does not meet the requirements of paragraph (1), the Secretary shall waive paragraph (1) if the eligible producer pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under paragraph (1) to the Secretary not later than 90 days after the date of enactment of this subchapter. 3
    • (B) In the case of an insurable commodity or noninsurable commodity for the 2009 crop year that does not meet the requirements of paragraph (1) and the relevant crop insurance program sales closing date or noninsured crop assistance program fee payment date was prior to August 14, 2008 , the Secretary shall waive paragraph (1) if the eligible producer of the insurable commodity or noninsurable commodity pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under paragraph (1) to the Secretary not later than 90 days after October 13, 2008 .
  • (5)
    • (A) The Secretary may provide equitable relief to eligible producers on a farm that are otherwise ineligible or unintentionally fail to meet the requirements of paragraph (1) for 1 or more crops on a farm on a case-by-case basis, as determined by the Secretary.
    • (B) In the case of eligible producers on a farm that suffered losses in an insurable commodity or noninsurable commodity during the 2008 crop year, the Secretary shall take special consideration to provide equitable relief in cases in which the eligible producers failed to meet the requirements of paragraph (1) due to the enactment of this subchapter after the closing date of sales periods for crop insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) and the noninsured crop assistance program.
  • (6)
    • (A) For purposes of assistance under subsection (b), at the option of an eligible producer on a farm, the Secretary shall waive paragraph (1)—
      • (i) in the case of a portion of the total acreage of a farm of the eligible producer that is not of economic significance on the farm, as established by the Secretary; or
      • (ii) in the case of a crop for which the administrative fee required for the purchase of noninsured crop disaster assistance coverage exceeds 10 percent of the value of that coverage.
    • (B) The Secretary shall not consider the value of any crop exempted under subparagraph (A) in calculating the supplemental revenue assistance program guarantee under subsection (b)(3) and the total farm revenue under subsection (b)(4).
  • (7)
    • (A) Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section in accordance with subparagraph (B) if the eligible producers on the farm—
      • (i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after February 17, 2009 ; and
      • (ii)
        • (I) in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, agree to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) (excluding a crop insurance pilot program under that Act) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; and
        • (II) in the case of each noninsurable commodity of the eligible producers on the farm, agree to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the next year for which a policy is available.
    • (B) Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm—
      • (i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; and
      • (ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except that in determining the level of coverage, the Secretary shall use 70 percent of the applicable yield.
    • (C) Except as provided in subparagraph (D), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph (4)(A) and are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an amount equal to the greater of—
      • (i) the amount that would have been calculated under subparagraph (B) if the eligible producers on the farm had paid the appropriate fee under that subparagraph; or
      • (ii) the amount that would have been calculated under subparagraph (A) of subsection (b)(3) if—
        • (I) in clause (i) of that subparagraph, “120 percent” is substituted for “115 percent”; and
        • (II) in clause (ii) of that subparagraph, “125” 6 6 So in original. Probably should be “ ‘125 percent’ ”. is substituted for “120 percent”.
    • (D) For amounts made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to February 17, 2009 .
    • (E) The Secretary may provide such additional assistance as the Secretary considers appropriate to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses, as determined by the Secretary.
    • (F) Notwithstanding any other provision of this section, the Secretary may provide assistance (including multiyear assistance) under this section to eligible producers on a farm that—
      • (i) suffered a production loss or multiyear production losses due to a natural cause during the 2008 crop year; and
      • (ii) as determined by the Secretary—
        • (I)
        • (II) are not eligible for the noninsured crop disaster assistance program established by section 7333 of title 7 .
• (h)
  • (1) In this subsection, the terms “legal entity” and “person” have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) 5 (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008).
  • (2) The total amount of disaster assistance payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this section (excluding payments received under subsection (f)) may not exceed $100,000 for any crop year.
  • (3) Section 1001D of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a ) or any successor provision shall apply with respect to assistance provided under this section.
  • (4) Subsections (e) and (f) of section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) or any successor provisions relating to direct attribution shall apply with respect to assistance provided under this section.
  • (5) Sections 1001, 1001A, 1001B, and 1001D of the Food Security Act of 1985 [ 7 U.S.C. 1308 , 1308–1, 1308–2, 1308–3a] as in effect on September 30, 2007 , shall continue to apply with respect to 2008 crops.
• (i) This section shall be effective only for losses that are incurred as the result of a disaster, adverse weather, or other environmental condition that occurs on or before September 30, 2011 , as determined by the Secretary.
• (j) In implementing any other program which makes disaster assistance payments (except for indemnities made under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.)) 7 7 So in original. Second closing parenthesis probably should not appear. and section 7333 of title 7 ), the Secretary shall prevent duplicative payments with respect to the same loss for which a person receives a payment under subsections (b), (c), (d), (e), or (f).