Public Law 111–5 111th Congress An Act - Loan Programs Office

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123 STAT. 396 PUBLIC LAW 111–5—FEB. 17, 2009
PART II—TRADE ADJUSTMENT ASSISTANCE
FOR FIRMS
SEC. 1861. EXPANSION TO SERVICE SECTOR FIRMS.
(a) IN GENERAL.—Section 251 of the Trade Act of 1974 (19
U.S.C. 2341) is amended by inserting ‘‘or service sector firm’’ after
‘‘agricultural firm’’ each place it appears.
(b) DEFINITION OF SERVICE SECTOR FIRM.—Section 261 of the
Trade Act of 1974 (19 U.S.C. 2351) is amended—
(1) by striking ‘‘chapter,’’ and inserting ‘‘chapter:’’;
(2) by striking ‘‘the term ‘firm’ ’’ and inserting the following:
‘‘(1) FIRM.—The term ‘firm’ ’’; and
(3) by adding at the end the following:
‘‘(2) SERVICE SECTOR FIRM.—The term ‘service sector firm’
means a firm engaged in the business of supplying services.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 251(c)(1)(C) of the Trade Act of 1974 (19 U.S.C.
2341(c)(1)(C)) is amended—
(A) by inserting ‘‘or services’’ after ‘‘articles’’ the first
place it appears; and
(B) by inserting ‘‘or services which are supplied’’ after
‘‘produced’’.
(2) Section 251(c)(2)(B)(ii) of such Act is amended to read
as follows:
‘‘(ii) Any 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.’’.
SEC. 1862. MODIFICATION OF REQUIREMENTS FOR CERTIFICATION.
Section 251(c)(1)(B) of the Trade Act of 1974 (19 U.S.C.
2341(c)(1)(B)) is amended to read as follows:
‘‘(B) that—
‘‘(i) sales or production, or both, of the firm have
decreased absolutely,
‘‘(ii) sales or production, or both, of an article or service
that accounted for not less than 25 percent of the total
sales or production of the firm during the 12-month period
preceding the most recent 12-month period for which date
are available have decreased absolutely,
‘‘(iii) sales or production, or both, of the firm during
the most recent 12-month period for which data are available
have decreased compared to—
‘‘(I) the average annual sales or production for
the firm during the 24-month period preceding that
12-month period, or
‘‘(II) the average annual sales or production for
the firm during the 36-month period preceding that
12-month period, and
‘‘(iv) sales or production, or both, of an article or service
that accounted for not less than 25 percent of the total
sales or production of the firm during the most recent
12-month period for which data are available have
decreased compared to—
‘‘(I) the average annual sales or production for
the article or service during the 24-month period preceding
that 12-month period, or
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