123STA T . 3 68PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (i i ) ( I )i mports o fa rti cle sorser v ices li k eor d irectl y competitive w it h articles prod u ced or services supplied b y such firm have i n creased
‘‘(II) imports of articles like or directly competitive with articles — ‘‘(aa) into which one or more component parts produced by such firm are directly incorporated , or ‘‘(bb) which are produced directly usin g services sup - plied by such firm, have increased; or ‘‘(III) imports of articles directly incorporating one or more component parts produced outside the U nited S tates that are like or directly competitive with imports of articles incor- porating one or more component parts produced by such firm have increased; and ’ ’; and ( B ) by amending subparagraph (B) to read as follows
‘‘(B)(i)(I) there has been a shift by such workers’ firm to a foreign country in the production of articles or the supply of services like or directly competitive with articles which are produced or services which are supplied by such firm; or ‘‘(II) such workers’ firm has ac q uired from a foreign country articles or services that are like or directly competitive with articles which are produced or services which are supplied by such firm; and ‘‘(ii) the shift described in clause (i)(I) or the acquisition of articles or services described in clause (i)(II) contributed importantly to such workers’ separation or threat of separa- tion . ’’; ( 2 ) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and ( 3 ) by inserting after subsection (a) the following: ‘‘(b) ADVERS E LY A F FE CT ED WO R K ERS INPUB LIC A G ENCIES.— A group of workers in a public agency shall be certified by the Secretary as eligible to apply for ad j ustment assistance under this chapter pursuant to a petition filed under section 22 1 if the Sec- retary determines that— ‘‘(1) a significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated; ‘‘(2) the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and ‘‘(3) the acquisition of services described in paragraph (2) contributed importantly to such workers’ separation or threat of separation.’’. (c) B A SIS FOR SECRETARY’S D ETER M INATIONS.—Section 222 of the T rade Act of 1 974 (19 U.S. C . 2272), as amended, is further amended by adding at the end the following: ‘‘(e) BASIS FOR SECRETARY’S DETERMINATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall, in determining whether to certify a group of workers under section 223, obtain from the workers’ firm, or a customer of the workers’ firm, information the Secretary determines to be necessary to make the certification, through questionnaires and in such other manner as the Secretary determines appropriate. Certif i ca ti on.
