§2272. Group eligibility requirements; agricultural workers; oil and natural gas industry

(a) The Secretary shall certify a group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) as eligible to apply for adjustment assistance under this subpart if he determines-

(1) that a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated,

(2) that sales or production, or both, of such firm or subdivision have decreased absolutely, and

(3) that increases of imports of articles like or directly competitive with articles produced by such workers' firm or an appropriate subdivision thereof contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production.

(b) For purposes of subsection (a)(3) of this section-

(1) The term "contributed importantly" means a cause which is important but not necessarily more important than any other cause.

(2)(A) Any firm, or appropriate subdivision of a firm, that engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas.

(B) Any firm, or appropriate subdivision of a firm, that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.

( Pub. L. 93–618, title II, §222, Jan. 3, 1975, 88 Stat. 2019 ; Pub. L. 97–35, title XXV, §2501, Aug. 13, 1981, 95 Stat. 881 ; Pub. L. 98–120, §3(a), Oct. 12, 1983, 97 Stat. 809 ; Pub. L. 99–272, title XIII, §13002(a), Apr. 7, 1986, 100 Stat. 300 ; Pub. L. 100–418, title I, §1421(a)(1)(A), (b)(1), Aug. 23, 1988, 102 Stat. 1242 , 1243; Pub. L. 103–182, title V, §503(a), Dec. 8, 1993, 107 Stat. 2151 .)

Termination of Section

For termination of section by section 285 of Pub. L. 93–618, see Termination Date note set out preceding section 2271 of this title.

Amendments

1993-Subsec. (a). Pub. L. 103–182 substituted "assistance under this subpart" for "assistance under this part".

1988-Pub. L. 100–418, §1421(a)(1)(A), struck out last sentence which defined "contributed importantly" for purposes of par. (3), designated remaining provisions as subsec. (a), and added subsec. (b).

Subsec. (a)(3). Pub. L. 100–418, §1421(b)(1), directed the general amendment of par. (3) adding provisions relating to provision of essential goods or services by such workers' firm, or appropriate subdivision thereof, which amendment did not become effective pursuant to section 1430(d) of Pub. L. 100–418, as amended, set out as an Effective Date note under section 2397 of this title.

1986-Pub. L. 99–272 inserted "(including workers in any agricultural firm or subdivision of an agricultural firm)" after "group of workers".

1983-Pub. L. 98–120, §3(a)(2), substituted "For purposes of paragraph (3), the term 'contributed importantly' means a cause which is important, but not necessarily more important than any other cause" for "For purposes of paragraph (3), the term 'substantial cause' means a cause which is important and not less than any other cause" in provision following par. (3).

Par. (3). Pub. L. 98–120, §3(a)(1), substituted "contributed importantly to such total or partial separation, or threat thereof, and to such decline" for "were a substantial cause of such total or partial separation, or threat thereof, and of such decline".

1981-Pub. L. 97–35 substituted provisions defining "substantial cause" and applicability of such term in par. (3) for provisions defining "contributed importantly" and applicability of such term in par. (3).

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 506(a) of Pub. L. 103–182, set out as an Effective Date note under section 2331 of this title.

Effective Date of 1983 Amendment

Section 3(b) of Pub. L. 98–120 provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to petitions for certification filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271] on or after October 1, 1983."

Effective Date of 1981 Amendment and Transition Provisions

Amendment by Pub. L. 97–35 applicable to petitions filed on or after Oct. 1, 1983, with transition provisions applicable, see section 2514 of Pub. L. 97–35, set out as a note under section 2291 of this title.

Workers Covered by Certification Notwithstanding Other Law

Section 1421(a)(1)(B) of Pub. L. 100–418 provided that: "Notwithstanding section 223(b) of the Trade Act of 1974 [19 U.S.C. 2273(b)], or any other provision of law, any certification made under subchapter A of chapter 2 of title II of such Act [this subpart] which-

"(i) is made with respect to a petition filed before the date that is 90 days after the date of enactment of this Act [Aug. 23, 1988], and

"(ii) would not have been made if the amendments made by subparagraph (A) [amending this section] had not been enacted into law,

shall apply to any worker whose most recent total or partial separation from the firm, or appropriate subdivision of the firm, described in section 222(a) of such Act [19 U.S.C. 2272(a)] occurs after September 30, 1985."

Section Referred to in Other Sections

This section is referred to in sections 2273, 2296 of this title.