Sec. 102. Group eligibility requirements
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A group of workers shall be certified by the Secretary as eligible to apply for adjustment assistance pursuant to a petition filed under section 101, if the Secretary determines that— such petition covers not less than 3 workers who are similarly situated as— workers who work or have worked for the same applicable firm; workers who are totally or partially separated, or threatened to be totally or partially separated, due to the same local or regional circumstance; or workers who are serviced by the same one-stop center described in section 121 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3151 ); such workers are workers who work in an industry that is a qualifying industry, determined under paragraph (2); a significant number or proportion of the workers working for the applicable firm have become totally or partially separated or are threatened to become totally or partially separated; sales or production of the applicable firm have decreased absolutely; the applicable firm has been closed, relocated, or acquired from another entity or foreign country; or the sales, production, or services of the applicable firm have caused a shift that has contributed to the total or partial separation, or threatened total or partial separation, of such workers; and the total or partial separation, threatened total or partial separation, or any of the actions described in subparagraph (D), are directly attributable to— actions by the Federal Government; the low cost of competing alternative forms of energy; or other reasons as determined by the Secretary.
For any group filing a petition under section 101 on a date that is during the period beginning on the date of enactment of this Act and ending on the date that is 5 years after such date of enactment, a qualifying industry shall be a coal-related or coal-dependent industry, as determined by the Secretary. For any group filing a petition under section 101 on a date that is after the 5-year period described in subparagraph (A), the Secretary shall establish a system in accordance with this subparagraph for determining industries (in addition to the coal-related or coal-dependent industry) to add as qualifying industries.
To be added as a qualifying industry under clause (i), an industry shall be— an energy industry; and an industry for which the Secretary, in consultation with the Secretary of Commerce, has determined that, during the 5-year period preceding the Secretary's determination under this subparagraph, not less than 20 percent of the workers in such industry are totally or partially separated or are threatened to become totally or partially separated. On the date that is 5 years after the date of enactment of this Act, and each year thereafter, the Secretary, in consultation with the Secretary of Commerce, shall determine if any industry meets the qualifications under clause
(ii)and add any such industry as a qualifying industry. Notwithstanding any other provision in this paragraph, an industry that is a qualifying industry, under subparagraph
(A)or subparagraph (B), shall indefinitely remain a qualifying industry. The Secretary shall, in determining whether to certify a group of workers under section 103, obtain from the workers, the applicable firm, or a customer of the applicable firm, information the Secretary determines to be necessary to make such certification, through questionnaires and in any other manner that the Secretary determines appropriate. The Secretary shall establish— standards, including data requirements, to investigate petitions filed under section 101; and criteria for making determinations under section 103. The Secretary may seek additional information to determine whether to certify a group of workers— by contacting— officials or workers of the applicable firm; officials of a certified or recognized labor organization or other duly authorized representative of the group of workers; State or regional departments of labor, energy, the environment, economic development, or commerce or that regulate utilities; or the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Federal Energy Regulatory Commission, the United States Army Corps of Engineers, the Secretary of the Interior, the United States Geological Survey, the Secretary of Agriculture, the Secretary of Commerce, or the Secretary of the Treasury, as applicable; and by using any other available sources of information. The Secretary shall require the worker, applicable firm, or a customer of such firm to certify— all information obtained under paragraph
(1)through questionnaires; and all other information obtained under paragraph
(1)from such worker, firm, or customer on which the Secretary relies in making a determination under section 103, unless the Secretary has a reasonable basis for determining that such information is accurate and complete without being certified. Except as provided in clause (ii), if a worker, applicable firm, or customer of such firm fails to provide information requested by the Secretary under paragraph
(1)within 20 days after the date of such request, the Secretary shall obtain such information by subpoena in accordance with section 104. The requirement under clause
(i)shall not apply if the worker, applicable firm, or customer of such firm demonstrates to the satisfaction of the Secretary that such worker, firm, or customer will provide the information within a reasonable period of time. The Secretary may not release information obtained under paragraph
(1)that the Secretary considers to be confidential business information or personally identifiable information unless the worker, applicable firm, or customer whose information is at issue had notice, at the time of submission, that the information would be released by the Secretary, or such worker, applicable firm, or customer subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit the Secretary from providing the confidential business information described in clause
(i)to a court in camera or to another party under a protective order issued by a court.
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Sec. 102
Group eligibility requirements
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