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U.S. Code

§ 2371b. Eligibility; notification

(a) Petition
(1) In general
A community may submit a petition to the Secretary for an affirmative determination under subsection (b)(1) that the community is eligible to apply for assistance under this subpart if—
(A) on or after August 1, 2009, one or more certifications described in subsection (b)(3) are made with respect to the community; and
(B) the community submits the petition not later than 180 days after the date of the most recent certification.
(2) Special rule with respect to certain communities
In the case of a community with respect to which one or more certifications described in subsection (b)(3) were made on or after January 1, 2007, and before August 1, 2009, the community may submit not later than February 1, 2010, a petition to the Secretary for an affirmative determination under subsection (b)(1).
(b) Affirmative determination
(1) In general
The Secretary shall make an affirmative determination that a community is eligible to apply for assistance under this subpart if the Secretary determines that the community is a community impacted by trade.
(2) Community impacted by trade
A community is a community impacted by trade if—
(A) one or more certifications described in paragraph (3) are made with respect to the community; and
(B) the Secretary determines that the community is significantly affected by the threat to, or the loss of, jobs associated with any such certification.
(3) Certification described
A certification described in this paragraph is a certification—
(A) by the Secretary of Labor that a group of workers in the community is eligible to apply for assistance under section 2273 of this title;
(B) by the Secretary of Commerce that a firm located in the community is eligible to apply for adjustment assistance under section 2341 of this title; or
(C) by the Secretary of Agriculture that a group of agricultural commodity producers in the community is eligible to apply for adjustment assistance under section 2401b of this title.
(c) Notifications
(1) Notification to the Governor
The Governor of a State shall be notified promptly—
(A) by the Secretary of Labor, upon making a determination that a group of workers in the State is eligible for assistance under section 2273 of this title;
(B) by the Secretary of Commerce, upon making a determination that a firm in the State is eligible for assistance under section 2341 of this title; and
(C) by the Secretary of Agriculture, upon making a determination that a group of agricultural commodity producers in the State is eligible for assistance under section 2401b of this title.
(2) Notification to community
Upon making an affirmative determination under subsection (b)(1) that a community is eligible to apply for assistance under this subpart, the Secretary shall promptly notify the community and the Governor of the State in which the community is located—
(A) of the affirmative determination;
(B) of the applicable provisions of this subpart; and
(C) of the means for obtaining assistance under this subpart and other appropriate economic assistance that may be available to the community.
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