19 U.S. Code § 2344 - Oversight and administration

(a) In general

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) Distribution of funds

(1) In general

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) Prompt initial distribution

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) Criteria

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] of this title.

(c) Requirements for contracts

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) Consultations

(1) Consultations regarding methodology

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) Consultations regarding guidelines

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.

(Pub. L. 93–618, title II, § 254, as added Pub. L. 111–5, div. B, title I, § 1864(a)(3), Feb. 17, 2009, 123 Stat. 397, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, and Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)

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[1]  See References in Text note below.

Termination of Section and Repeal

For termination of section and termination of repeal of former section 2344 beginning on July 1, 2021, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see Codification, Prior Provisions, and Effective and Termination Dates notes below.

Editorial Notes

References in Text

Section 2356 of this title, referred to in subsec. (b)(3), was repealed by Pub. L. 112–40, title II, § 221(a)(3), Oct. 21, 2011, 125 Stat. 410.

Codification

Section 233 of Pub. L. 112–40, which provided for Jan. 1, 2014, termination of section, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and this section, as added by Pub. L. 112–40 and as in effect on Dec. 31, 2013, was temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See Effective and Termination Dates notes below.

Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of section, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and this section, as added by Pub. L. 111–5 and as in effect on Feb. 12, 2011, was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Prior Provisions and Effective and Termination Dates notes below.

Prior Provisions

A prior section 2344, Pub. L. 93–618, title II, § 254, Jan. 3, 1975, 88 Stat. 2031; Pub. L. 97–35, title XXV, § 2522, Aug. 13, 1981, 95 Stat. 891; Pub. L. 99–272, title XIII, § 13006(b), Apr. 7, 1986, 100 Stat. 304, which related to provision of financial assistance, was temporarily repealed effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, by Pub. L. 111–5, div. B, title I, §§ 1864(a)(1), (e), 1893, Feb. 17, 2009, 123 Stat. 397, 399, 422. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of repeal, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and this section, as added by Pub. L. 111–5 and as in effect on Feb. 12, 2011, was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. Section 233 of Pub. L. 112–40, which provided for Jan. 1, 2014, termination of repeal, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and this section, as added by Pub. L. 112–40 and as in effect on Dec. 31, 2013, was temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See Codification note above and Effective and Termination Dates notes below.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates

For revival and applicability, beginning on June 29, 2015, of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as an Effective and Termination Dates of 2015 Revival note preceding section 2271 of this title.

For termination of section and reinstatement of former section 2344 of this title beginning on July 1, 2021, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as an Effective and Termination Dates of 2015 Revival note preceding section 2271 of this title.

For revival and applicability, beginning on Oct. 21, 2011, of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as an Effective and Termination Dates of 2011 Revival note preceding section 2271 of this title.

Section 233 of Pub. L. 112–40, formerly set out as an Effective and Termination Dates of 2011 Revival note preceding section 2271 of this title, which provided for the termination of this section and reinstatement of former section 2344 of this title, beginning on Jan. 1, 2014, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification and Prior Provisions notes above.

Pub. L. 111–5, div. B, title I, § 1864(e), Feb. 17, 2009, 123 Stat. 399, provided that:

“This section [enacting this section and section 2345 of this title, amending sections 2348 to 2352, 2354, and 2355 of this title, repealing former sections 2344 to 2347 of this title, and enacting provisions set out as a note under this section] and the amendments made by this section shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act [Feb. 17, 2009], except that subsections (b) and (d) of section 254 of the Trade Act of 1974 [19 U.S.C. 2344(b), (d)] (as added by subsection (a) of this section) shall take effect on such date of enactment.”

Except as otherwise provided and subject to certain applicability provisions, section effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title.

Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, this section and the repeal of former section 2344 of this title not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if this section and the repeal had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification and Prior Provisions notes above.

Except as otherwise provided, assistance may not be provided under this section after June 30, 2021, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.

Residual Authority

Pub. L. 111–5, div. B, title I, § 1864(b), Feb. 17, 2009, 123 Stat. 398, provided that:

“The Secretary of Commerce shall have the authority to modify, terminate, resolve, liquidate, or take any other action with respect to a loan, guarantee, contract, or any other financial assistance that was extended under section 254, 255, 256, or 257 of the Trade Act of 1974 (19 U.S.C. 2344, 2345, 2346, and 2347), as in effect on the day before the effective date set forth in section 1891 [set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title].”