Skip to content
LexBuild

19 USC § 2348 - Protective provisions

---
identifier: "/us/usc/t19/s2348"
source: "usc"
legal_status: "official_prima_facie"
title: "19 USC § 2348 - Protective provisions"
title_number: 19
title_name: "CUSTOMS DUTIES"
section_number: "2348"
section_name: "Protective provisions"
chapter_number: 12
chapter_name: "TRADE ACT OF 1974"
subchapter_number: "II"
subchapter_name: "RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION"
part_number: "3"
part_name: "Adjustment Assistance for Firms"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 93–618, title II, § 258, Jan. 3, 1975, 88 Stat. 2033; temporarily renumbered § 256 and amended Pub. L. 111–5, div. B, title I, § 1864(a)(2), (c)(1), Feb. 17, 2009, 123 Stat. 397, 398; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)"
---

# § 2348. Protective provisions

**(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 provision of such financial assistance.

---

**Source Credit**: (Pub. L. 93–618, title II, § 258, Jan. 3, 1975, 88 Stat. 2033; temporarily renumbered § 256 and amended Pub. L. 111–5, div. B, title I, § 1864(a)(2), (c)(1), Feb. 17, 2009, 123 Stat. 397, 398; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)

### Termination of Assistance

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

## Editorial Notes

### Codification

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

, which provided for the , revival of this section as in effect on , was repealed by , , , and the provisions of this section, as in effect on , were temporarily revived, effective , until , by , §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.

, which provided for , termination of amendment by , was repealed by , , , and the provisions of this section, as amended by  and as in effect on , were temporarily revived, effective , until , by , §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.

### Amendments

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

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

2009—Subsec. (d). , §§ 1864(c)(1), 1893, temporarily struck out subsec. (d). Text read as follows: “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 provision of such financial assistance.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

## Statutory Notes and Related Subsidiaries

### Effective and Termination Dates of 2015 Revival

For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of , set out as a note preceding .

For reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to , see , set out as a note preceding .

### Effective and Termination Dates of 2011 Revival

For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of , set out as a note preceding .

, formerly set out as a note preceding , which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by , , , effective . See Codification note above.

### Effective and Termination Dates of 2009 Amendment

Amendment by  effective upon the expiration of the 90-day period beginning on , see , set out as an Effective and Termination Dates note under .

Except as otherwise provided and subject to certain applicability provisions, amendment by  effective upon the expiration of the 90-day period beginning on , see , set out as a note under .

, formerly set out as a Termination Date of 2009 Amendment note preceding , which provided that, except as otherwise provided, amendment by  not applicable on or after , and that this section be applied and administered beginning , as if amendment by  had never been enacted, was repealed by , , , effective . See Codification note above.

### Termination Date

Except as otherwise provided, technical assistance and grants may not be provided under this part after , see , as modified by , set out as notes preceding .