Sec. 102. Group eligibility requirements
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/bill/115/hr/6819/ih/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A group of workers shall be certified by the Commission as eligible to apply for adjustment assistance under this Act pursuant to a petition filed under section 101 if the Commission determines that— such workers were coal miners, coal utility workers, or other workers in the coal industry or a coal-dependent industry, as determined by the Commission; a significant number or proportion of the workers in such workers’ company have become totally or partially separated, or are threatened to become totally or partially separated or have experienced or are threatened to experience a significant reduction in wages; sales or production, or both, of such company have decreased absolutely; there has been a shift by such workers’ company to other types of sales or products; such workers’ company has been closed or relocated or acquired from another entity or foreign country; or the sales or production or both have caused a shift that contributed to such worker’s separation or threat of separation; and the separation or partial separation or reduction in wages described in paragraph
(1)any of the actions described in paragraph
(2)the Commission determines to have occurred are directly attributable to— actions by the Federal Government; the low-cost of other forms of energy; the existence of State-to-State electricity market competition; or other reasons as determined by the Commission. The Commission shall, in determining whether to certify a group of workers under section 103, obtain from the workers’ company, or a customer of the workers’ company, information the Commission determines to be necessary to make the certification, through questionnaires and in such other manner as the Commission determines appropriate. The Commission shall establish standards, including data requirements, for investigations of petitions filed under section 101 and criteria for making determinations under section 103. The Commission may seek additional information to determine whether to certify a group of workers— by contacting— officials or employees of the workers’ company; officials of certified or recognized unions or other duly authorized representatives of the group of workers; or the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Labor, 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 other available sources of information. The Commission shall require a company or customer to certify— all information obtained under paragraph
(1)from the company through questionnaires; and all other information obtained under paragraph
(1)from the company on which the Commission relies in making a determination under section 103, unless the Commission has a reasonable basis for determining that such information is accurate and complete without being certified. The Commission shall require the workers’ company to provide information requested by the Commission under paragraph
(1)by subpoena pursuant to section 310 if the company fails to provide the information within 20 days after the date of the Commission's request, unless the company demonstrates to the satisfaction of the Commission that the company will provide the information within a reasonable period of time. The Commission may not release information obtained under paragraph
(1)that the Commission considers to be confidential business information unless the company submitting the confidential business information had notice, at the time of submission, that the information would be released by the Commission, or the company subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit the Commission from providing such confidential business information to a court in camera or to another party under a protective order issued by a court.