Page:United States Statutes at Large Volume 88 Part 2.djvu/714

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PUBLIC LAW 93-618-JAN. 3, 1975

[88

STAT.

(c) The court shall have jurisdiction to aiRrm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.

CHAPTER 3—ADJUSTMENT ASSISTANCE FOR FIRMS 19 USC 2341.

P u b l i c a t i o n in Federal Register.

"Contributed importantly."

19 USC 2342. Filing of application.

Approval conditions.

SEC. 251. PETITIONS AND DETERMINATIONS.

(a) A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary of Commerce (hereinafter in this chapter referred to as the "Secretary") by a firm or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation. (b) If the petitioner, or any other person, organization, or group found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. (c) The Secretary shall certify a firm as eligible to apply for adjustment assistance under this chapter if he determines— (1) that a significant number or proportion of the workers in such 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 have decreased absolutely, and (3) that increases of imports of articles like or directly competitive with articles produced by such firm contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production. For purposes of paragraph (3), the term "contributed importantly" means a cause which is important but not necessarily more important than any other cause. (d) A determination shall be made by the Secretary as soon as possible after the date on which the petition is filed under this section, but in any event not later than 60 days after that date. SEC. 252. APPROVAL OF ADJUSTMENT PROPOSALS. (a) A firm certified under section 251 as eligible to apply for adjustment assistance may, at any time within 2 years after the date of such certification, file an application with the Secretary for adjustment assistance under this chapter. Such application shall include a proposal for the economic adjustment of such firm. (b)(1) Adjustment assistance under this chapter consists of technical assistance and financial assistance, which may be furnished singly or in combination. The Secretary shall approve a firm's application for adjustment assis^^ance only if he determines— (A) that the firm has no reasonable access to financing through the private capital market, and (B) that the firm's adjustment proposal— (i) is reasonably calculated materially to contribute to the economic adjustment of the firm,

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