**(a) Monitoring**
(1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration.
**(b) Reduction, modification, and termination of action**
(1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel
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Stable record: federal_law:legal_authorities:record_usc_664adcb2e1156b34cf8e2ff2 Source file: Laws/federal/codes/united-states-code/title-19/section-2271-monitoring-modification-and-termination-of-action--4ddfe8eb46.md Pages: Not recorded – Not recorded Passage SHA-256: e598b5e1f3279c113d9088a32f076a27bd70ab82a480864bc2fed0a5cdb347a6 Retained source evidence SHA-256: 12c4082e61030f4cefc9820e80e2bf027d76ad3fd9bb4dd1b7fb870e184eda26
Source location: Title 19, Chapter 12, § 2271; chapter-012-trade-act-of-1974.md
Stored source content
**(a) Monitoring**
(1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration.
**(b) Reduction, modification, and termination of action**
(1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) has been impaired by changed economic circumstances,
that changed circumstances warrant such reduction, or termination; or
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3538/a/4&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim).
**(c) Extension of action**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is to terminate, the Commission shall investigate to determine whether action under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is to terminate, unless the President specifies a different date.
**(d) Evaluation of effectiveness of action**
(1) After any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253/b&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) terminated.
**(e) Other provisions**
(1) Action by the President under this part may be taken without regard to the provisions of [section 2136(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2136/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/c/4/C&num=0&edition=prelim), 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).
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
§ 2271. Petitions
(a) Filing of petitions; assistance; publication of
notice
(1) A petition for certification of eligibility to
apply for adjustment assistance for a group of
workers under this part may be filed simulta-
neously with the Secretary and with the Gov-
ernor of the State in which such workers’ firm
or subdivision is located by any of the following:
(A) The group of workers (including workers
in an agricultural firm or subdivision of any
agricultural firm).
(B) The certified or recognized union or
other duly authorized representative of such
workers.
(C) Employers of such workers, one-stop op-
erators or one-stop partners (as defined in sec-
tion 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801)),1 including State employ-
ment security agencies, or the State dis-
located worker unit established under title I
of such Act,1 on behalf of such workers.
(2) Upon receipt of a petition filed under para-
graph (1), the Governor shall—
(A) ensure that rapid response assistance
and appropriate core and intensive services (as
described in section 134 of the Workforce In-
vestment Act of 1998 (29 U.S.C. 2864)) 1 author-
ized under other Federal laws are made avail-
able 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 Sec-
retary may request.
(3) Upon receipt of the petition, the Secretary
shall promptly publish notice in the Federal
Register that the Secretary has received the pe-
tition and initiated an investigation.
(b) 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 d