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commitments to guarantee loans may be made under this part during any fiscal year only to such extent and in such amounts as are provided in advance in appropriations Acts." after “available until expended."

1981–Subsec. (b). Pub. L. 97-35 inserted provisions relating to payment of principal, interest, and reasonable costs, incident to defaults on guaranteed loans and provisions relating to direct loans and commitments to guarantee loans.

EFFECTIVE DATE OF 1986 AMENDMENT Parts 2 and 3 of this subchapter applicable as if the amendment of this section by Pub. L. 99-272 had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99-272, set out as a note under section 2291 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 97-35, set out as a note under section 2343 of this title.

8 2346. Delegation of functions to Small Business Ad

ministration (a) Delegation of functions as to eligibility certifica

tion In the case of any firm which is small (within the meaning of the Small Business Act [15 U.S.C. 631 et seq.) and regulations promulgated thereunder), the Secretary may delegate all of his functions under this part (other than the functions under sections 2341 and 2342(d) i of this title with respect to the certification of eligibility and section 2354 of this title) to the Administrator of the Small Business Administration. (b) Authorization of appropriations

There are hereby authorized to be appropri. ated to the Secretary for fiscal years 1988, 1989, 1990, 1991, 1992, and 1993 such sums as may be necessary to carry out his functions under this part in connection with furnishing adjustment assistance to firms (including, but not limited to, the payment of principal, interest, and reasonable costs incident to default on loans guaranteed by the Secretary under the authority of this part), which sums are authorized to be appropriated to remain available until expended. (c) Transfer of unexpended appropriations

The unexpended balances of appropriations authorized by section 1912(d) of this title are transferred to the Secretary to carry out his functions under this part. (Pub. L. 93-618, title II, § 256, Jan. 3, 1975, 88 Stat. 2032; Pub. L. 97-35, title XXV, § 2524, Aug. 13, 1981, 95 Stat. 892; Pub. L. 99-272, title XIII, § 13008(b), Apr. 7, 1986, 100 Stat. 305; Pub. L. 100-418, title I, § 1426(b)(2), Aug. 23, 1988, 102 Stat. 1251.)

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

8 2347. Administration of financial assistance

REFERENCES IN TEXT The Small Business Act, referred to in subsec. (a), is Pub. L. 85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified generally to chapter 14A (8 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.

Section 2342(d) of this title, referred to in subsec. (a), was redesignated section 2342(c) of this title by Pub. L. 99-272, title XIII, § 13006(a)(2), Apr. 7, 1986, 100 Stat. 304.

Section 1912 of this title, referred to in subsec. (c), was repealed by section 602(e) of Pub. L. 93-618. See section 2341 et seq. of this title for successor provisions.

AMENDMENTS 1988–Subsec. (b). Pub. L. 100-418 substituted "1988, 1989, 1990, 1991, 1992, and 1993" for "1986, 1987, 1988, 1989, 1990, and 1991",

1986–Subsec. (b), Pub. L. 99-272 inserted "for fiscal years 1986, 1987, 1988, 1989, 1990, and 1991" after "Secretary”, struck out “from time to time" after was may be necessary", and struck out "Direct loans and

(a) Powers of Secretary

In making and administering guarantees and loans under section 2344 of this title, the Secretary may

(1) require security for any such guarantee or loan, and enforce, waive, or subordinate such security;

(2) assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with such guarantees or loans, and collect, compromise, and obtain deficiency judgments with respect to all obligations assigned to or held by him in connection with such guarantees or loans until such time as such obligations may be referred to the Attorney General for suit or collection;

(3) renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans;

(4) acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such purposes; and

(5) exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pur

suant to section 2344 of this title. (b) Recordation of mortgages

Any mortgage acquired as security under subsection (a) of this section shall be recorded under applicable State law. (c) Availability of receipts for financing functions

All repayments of loans, payments of interest, and other receipts arising out of transactions entered into by the Secretary pursuant to this part, shall be available for financing func

See References in Text note below.

with, activities authorized under the Trade Act of 1974, made prior to October 1, 1987, shall be deemed valid deposits."

8 2348. Protective provisions

tions performed under this part, including administrative expenses in connection with such functions. (d) Privileged or confidential information

To the extent the Secretary deems it appropriate, and consistent with the provisions of section 552(b)(4) and section 552b(c)(4) of title 5, that portion of any record, material or data received by the Secretary in connection with any application for financial assistance under this part which contains trade secrets or commercial or financial information regarding the operation or competitive position of any business shall be deemed to be privileged or confidential within the meaning of those provisions. (e) Capital assets secured by first lien; exceptions

Direct loans made, or loans guaranteed, under this part for the acquisition of development of real property or other capital assets shall ordinarily be secured by a first lien on the assets to be financed and shall be fully amortized. To the extent that the Secretary finds that exceptions to these standards are necessary to achieve the objectives of this part, he shall develop appropriate criteria for the protection of the interests of the United States. (Pub. L. 93-618, title II, § 257, Jan. 3, 1975, 88 Stat. 2033; Pub. L. 97-35, title XXV, $ 2525, Aug. 13, 1981, 95 Stat. 892.)

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

(a) Recordkeeping

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) Audit and examination

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) Certifications

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. (d) Conflicts of interest

No financial assistance shall be provided to any firm under this part unless the owners, partners, or officers shall execute an agreement binding them and the firm for a period of 2 years after such financial assistance is provided, to refrain from employing, tendering any office or employment to, or retaining for professional services any person who, on the date such assistance or any part thereof was provided, or within 1 year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Secretary shall have determined involve discretion with respect to the provisions of such financial assistance. (Pub. L. 93-618, title II, § 258, Jan. 3, 1975, 88 Stat. 2033.)

AMENDMENTS 1981-Subsecs. (d), (e). Pub. L. 97-35 added subsecs. (d) and (e).

EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 97-35, set out as as a note under section 2343 of this title. DEPOSIT OF RECEIPTS FROM TRANSACTIONS UNDER

THIS PART INTO ECONOMIC DEVELOPMENT REVOLVING FUND

Pub. L. 100-202, § 101(a) (title I, § 106), Dec. 22, 1987, 101 Stat. 1329, 1329-7, provided that: “Notwithstanding any other provision of law, including section 257(c) of the Trade Act of 1974, as amended (19 U.S.C. 2347(c)], and section 203 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3143), principal and interest repayments from loans, proceeds from the sale of loan assets or collateral, and other receipts arising out of transactions entered into pursuant to title II, chapter 3 of the Trade Act of 1974 (19 U.S.C. 2341 et seq.) shall be deposited into the economic development revolving fund established under section 203 of the Public Works and Economic Development Act of 1965 beginning October 1, 1987: Provided, That payments of obligations in connection with loans guaranteed under the authority of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) or the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), and any related expenses, shall be made from funds available in the economic development revolving fund: Provided further, That deposits to the economic development revolving fund of amounts appropriated for, or received in connection

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

8 2349. Penalties

Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or whoever 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, shall be fined not more than $5,000 or imprisoned for not more than 2 years, or both. (Pub. L. 93-618, title II, $ 259, Jan. 3, 1975, 88 Stat. 2034.)

8 2353. Repealed. Pub. L. 97-35, title XXV, 8 2526,

Aug. 13, 1981, 95 Stat. 893

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

Section, Pub. L. 93-618, title II, § 263, Jan. 3, 1975, 88 Stat. 2034, contained transitional provisions for certain events occuring prior to the effective date of this part.

$ 2350. Civil actions

EFFECTIVE DATE OF REPEAL Section repealed effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 97-35, set out as an Effective Date of 1981 Amendment note under section 2343 of this title.

8 2354. Study by Secretary of Commerce when Inter

national Trade Commission begins investigation

In providing technical and financial 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 sections 2343 and 2344 of this title from the application of sections 516, 547, and 2679, of title 28. (Pub. L. 93-618, title II, $ 260, Jan. 3, 1975, 88 Stat. 2034.)

(a) Subject matter of study

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.

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

8 2351. “Firm" defined

For purposes of this part, 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. (Pub. L. 93-618, title II, § 261, Jan. 3, 1975, 88 Stat. 2034.)

(b) Report; publication

The report of the Secretary of the study under subsection (a) of this section shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 2252(f) of this title. Upon making 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) Information to firms

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. (Pub. L. 93-618, title II, § 264, Jan. 3, 1975, 88 Stat. 2035; Pub. L. 100-418, title I, § 1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239.)

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

8 2352. Regulations

The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part. (Pub. L. 93-618, title II, $ 262, Jan. 3, 1975, 88 Stat. 2034.)

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

PART 4-ADJUSTMENT ASSISTANCE FOR

COMMUNITIES

AMENDMENTS 1988–Subsec. (a). Pub. L. 100-418 substituted "section 2252” for “section 2251".

Subsec. (b), Pub. L. 100-418 substituted "section 2252(f)” for “section 2251".

Subsec. (c). Pub. L. 100-418 substituted "section 2252(b)" for "section 2251(b)".

TERMINATION DATE

This part to terminate Sept. 30, 1982, see section 285 of Pub. L. 93-618, as amended, set out as a note preceding section 2271 of this title.

PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 2391 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and applicable with respect to investigations ini. tiated under part 1 (s 2251 et seq.) of this subchapter on or after that date, see section 1401(c) of Pub. L. 100-418, set out as a note under section 2251 of this title.

8 2371. Petitions and determinations

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2346 of this title.

8 2355. Assistance to industry; authorization of appro

priations

(a) Technical assistance

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

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. (Pub. L. 93-618, title II, § 265, as added Pub. L. 97-35, title XXV, $ 2527, Aug. 13, 1981, 95 Stat. 893, and amended Pub. L. 98-369, div. B, title VI, § 2673, July 18, 1984, 98 Stat. 1172.)

(a) Filing of petition; receipt of petition; initiation of

investigation A petition for certification of eligibility 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 political subdivision of a State (hereinafter in this part referred to as a "community”), by a group of such communities, or by the Governor of a State on behalf of such communities. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation. (b) Public hearing

If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the Secretary's publication of notice under subsection (a) of this section a request for a hearing the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. (c) Certification

The Secretary shall certify a community as eligible for adjustment assistance under this part if he determines

(1) that a significant number or portion of the workers in the trade impacted area in which such community is located have become totally or partially separated, or are threatened to become totally or partially separated,

(2) that sales or production, or both, of firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) have decreased absolutely, and

(3) that increases of imports of articles like or directly competitive with articles produced by firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) or that the transfer of firms or subdivisions of firms located in such area to foreign countries have contributed importantly to the total or partial separations, or threats thereof, described in paragraph (1) and to the decline in sales or production described in

paragraph (2). For purposes of paragraph (3), the term "contributed importantly" means a cause which is important but not necessarily more important than any other cause.

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

AMENDMENTS

1984–Subsec. (a). Pub. L. 98-369, $ 2673(1), inserted “or workers” after “of firms" and inserted reference to section 2273 of this title.

Subsec. (b). Pub. L. 98-369, § 2673(2), substituted "$10,000,000" for "$2,000,000”.

EFFECTIVE DATE Section effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 97-35, set out as an Effective Date of 1981 Amendment note under section 2343 of this title.

(d) Allowable period for determination

As soon as possible after the date on which a petition is filed under this section, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning community, or group of communities, meets the requirements of subsection (c) of this section and shall issue a certification of eligibility for assistance under this part covering any community located in the same trade impacted area in which the petitioner is located which meets such requirements. (e) Size and boundaries of trade impacted areas; cri

teria The Secretary, after consulting the Secretary of Labor, shall establish the size and boundaries of each trade impacted area, considering the criteria in subsection (c) of this section and, to the extent they are relevant, the factors specified as criteria for redevelopment areas under section 3161 of title 42. (f) Termination of certification of eligibility

If the Secretary determines that a community requires no additional assistance under this part, he shall terminate the certification of eligibility of such community 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. (Pub. L. 93-618, title II, § 271, Jan. 3, 1975, 88 Stat. 2035.)

(B) coordinate community action under the adjustment assistance plan, as approved by

the Secretary. If an appropriate entity for purposes of performing the functions specified in subparagraphs (A) and (B) already exists in such area, then the Secretary may designate such entity as the Council for such area.

(2) Such Council shall include representatives of certified communities, industry, labor, and the general public located in the trade impacted area covered by the Council. (c) Grants for staff

Upon application by a Council established under subsection (b) of this section, the Secretary is authorized to make grants to such Council for maintaining an appropriate professional and clerical staff. No grant shall be made to a Council to maintain staff after the period which ends 2 years after the date on which such Council is established or designated. (d) Applications for adjustment assistance

A Council established under this section may file an application with the Secretary for adjustment assistance under this part. Such application shall include the Council's proposal for an adjustment assistance plan for the communities in its trade impacted area. (Pub. L. 93-618, title II, $ 272, Jan. 3, 1975, 88 Stat. 2036.)

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

TERMINATION OF SECTION For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2373, 2374 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2372, 2395 of this title; title 28 sections 1581, 2631, 2636, 2640, 2643.

8 2372. Trade Impacted Area Councils for Adjustment

Assistance (a) Establishment

Within 60 days after a community is certified under section 2371 of this title, the Secretary shall send his representatives to the trade impacted area in which such community is located to inform officials of communities and other residents of such area about benefits available to them under this chapter and to assist such officials and residents in establishing a Trade Impacted Area Council for Adjustment Assistance (hereinafter in this part referred to as the "Council") for such area. (b) Duty and function of Councils

(1) The Secretary shall establish, subject to the last sentence of this paragraph, a Council for each trade impacted area in which one or more communities are certified under section 2371 of this title. Such Council shall

(A) develop a proposal for an adjustment assistance plan for the economic rejuvenation of certified communities in its trade impacted area, and

8 2373. Program benefits
(a) Types of adjustment assistance

Adjustment assistance under this part consists of

(1) all forms of assistance, other than loan guarantees, which are provided to a redevelopment area under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), and

(2) the loan guarantee program described in subsection (d) of this section. (b) Approval of adjustment assistance plan

No adjustment assistance may be extended to any community or person in a trade impacted area under this part unless the Secretary approves the adjustment assistance plan submitted to him under section 2372(d) of this title. (c) Public Works and Economic Development Act of

1965 For purposes of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.]

(1) a trade impacted area for which an adjustment assistance plan has been approved under section 2372(d) of this title shall be

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