Page:United States Statutes at Large Volume 123.djvu/389

 123STA T . 3 69PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ‘ ‘ (2)AD D IT I ONAL IN F O RM ATION .—TheS e cr e ta r ym ay s ee k a d d i ti on a l in f ormation to determine w hether to certify a g ro up of workers under su b section (a) , (b), or (c)— ‘‘(A) by contacting— ‘‘(i) officials or employees of the workers ’ firm ‘‘(ii) officials of customers of the workers’ firm; ‘‘(iii) officials of certified or recogni z ed unions or other duly authorized representati v es of the group of workers; or ‘‘(iv) one - stop operators or one-stop partners (as defined in section 10 1 of the W orkforce I nvestment Actof1 9 9 8 (29 U .S. C . 2801)); or ‘‘( B ) by using other available sources of information. ‘‘( 3 ) VE RIFI C ATION OF INFORMATION.— ‘‘(A) CERTIFICATION.—The Secretary shall re q uire a firm or customer to certify— ‘‘(i) all information obtained under paragraph (1) from the firm or customer (as the case may be) through questionnaires; and ‘‘(ii) all other information obtained under para- graph (1) from the firm or customer (as the case may be) on which the Secretary relies in making a deter- mination under section 223, unless the Secretary has a reasonable basis for determining that such informa- tion is accurate and complete without being certified. ‘‘(B) U S EOFS UBP OENAS.—The Secretary shall require the workers’ firm or a customer of the workers’ firm to provide information requested by the Secretary under para- graph (1) by subpoena pursuant to section 2 4 9 if the firm or customer (as the case may be) fails to provide the information within 20 days after the date of the Secretary’s request, unless the firm or customer (as the case may be) demonstrates to the satisfaction of the Secretary that the firm or customer (as the case may be) will provide the information within a reasonable period of time. ‘‘(C) P ROTECTION OF CONFIDENTIAL INFORMATION.—The Secretary may not release information obtained under para- graph (1) that the Secretary considers to be confidential business information unless the firm or customer (as the case may be) submitting the confidential business informa- tion had notice, at the time of submission, that the informa- tion would be released by the Secretary, or the firm or customer (as the case may be) subsequently consents to the release of the information. N othing in this subpara- graph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court.’’. (d) PENALTIES.—Section 244 of the Trade Act of 19 7 4 (19 U.S.C. 231 6 ) is amended to read as follows

‘ SEC.24 4. P E NALTI ES. ‘‘Any person who— ‘‘(1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for that person or for any other person any payment authorized to be furnished Deadlin e .