[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2088 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2088

    To provide for industry-wide certification for trade adjustment 
                  assistance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2002

   Mr. Bayh (for himself, Mr. Durbin, and Mr. Dayton) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
    To provide for industry-wide certification for trade adjustment 
                  assistance, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WORKER ELIGIBILITY FOR TRADE ADJUSTMENT ASSISTANCE.

    (a) Presumption of Eligibility.--
            (1) In general.--After the Commission notifies the 
        Secretary that it has made an affirmative determination with 
        respect to an industry under section 202(g) of the Trade Act of 
        1974 (19 U.S.C. 2252(g)), a worker (including a worker in any 
        agricultural firm or subdivision of an agricultural firm) in 
        that industry shall be presumed to be eligible for assistance 
        under chapter 2 of title II of such Act.
            (2) Retroactivity.--The presumption described in paragraph 
        (1) shall apply to workers in an industry with respect to which 
        the Commission notified the Secretary of an affirmative 
        determination under such section 202(g) during the 12-month 
        period preceding the date of enactment of this Act.
    (b) Duration of Presumption.--A worker described in subsection 
(a)(1) shall be presumed eligible for assistance as described in 
subsection (a) during the 4-year period beginning on the date the 
Secretary is notified of an affirmative determination under section 
202(g) of the Trade Act of 1974.
    (c) Assistance.--
            (1) Notification.--In the case of any worker presumed 
        eligible for assistance as described in subsection (a), the 
        Secretary shall take the following action:
                    (A) Initiate outreach to the employer and labor 
                representative of the workers in the industry for which 
                the Commission made the affirmative determination and 
                appropriate State and local workforce development 
                officials to gather information on the number and 
                geographic location of workers in that industry who are 
                likely to be certified as eligible under chapter 2 of 
                title II of the Trade Act of 1974 (19 U.S.C. 2271 et 
                seq.).
                    (B) Work with the State to develop an expedited 
                process to accept applications from workers in that 
                industry, their representatives, or employers.
                    (C) Process each application for certification 
                described in subparagraph (B) within 40 days after 
                receiving the application or within 40 days after 
                enactment of this Act, whichever is later. If such 
                application is not processed within that 40-day period, 
                the application shall be considered approved by the 
                Secretary.
                    (D) Deny an application for certification only if 
                there is clear and compelling evidence that a worker 
                was laid off or a plant was closed as a result of 
                causes other than the Commission's affirmative 
                determination for that industry.
            (2) The Secretary shall take the actions described in 
        paragraphs (1)(A) and (1)(B) by the later of--
                    (A) within 15 days of notification by the 
                Commission; or
                    (B) within 30 days after enactment of this Act.
    (d) Definitions.--For purposes of this section:
            (1) Affirmative determination.--The term ``affirmative 
        determination'' means an affirmative determination under 
        section 202(b) of the Trade Act of 1974 (19 U.S.C. 2252(b)) 
        that an article is being imported into the United States in 
        such increased quantities as to be a substantial cause of 
        serious injury, or threat thereof, to the domestic industry 
        producing an article like or directly competitive with the 
        imported article.
            (2) Commission.--The term ``Commission'' means the 
        International Trade Commission.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (4) State agency.--The term ``State agency'' means the 
        agency of the State that administers the unemployment insurance 
        laws of the State approved by the Secretary under section 3304 
        of the Internal Revenue Code of 1986.
                                 <all>