[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1444 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1444

  To amend the Trade Act of 1974 to provide for alternative means of 
certifying workers for adjustment assistance on an industry-wide basis.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2005

Mr. Baucus (for himself and Mr. Coleman) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Trade Act of 1974 to provide for alternative means of 
certifying workers for adjustment assistance on an industry-wide basis.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade Adjustment Assistance for 
Industries Act of 2005''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Trade Adjustment Assistance assists workers and 
        agricultural commodity producers who lose their jobs for trade-
        related reasons to retrain, gain new skills, and find new jobs 
        in growing sectors of the economy.
            (2) The total cost of providing adjustment assistance 
        represents a tiny fraction of the gains to the United States 
        economy as a whole that economists attribute to trade 
        liberalization.
            (3) In circumstances where, due to changes in market 
        conditions caused by the implementation of bilateral or 
        multilateral free trade agreements, unfair trade practices, 
        unforeseen import surges, and other reasons, import competition 
        creates industry-wide effects on domestic workers or 
        agricultural commodity producers, the current process of 
        assessing eligibility for trade adjustment assistance on a 
        plant-by-plant basis is inefficient and can lead to unfair and 
        inconsistent results.

SEC. 3. OTHER METHODS OF REQUESTING INVESTIGATION.

    Section 221 of the Trade Act of 1974 (19 U.S.C. 2271) is amended--
            (1) by adding at the end the following:
    ``(c) Other Methods of Initiating a Petition.--Upon the request of 
the President or the United States Trade Representative, or the 
resolution of either the Committee on Ways and Means of the House of 
Representatives or the Committee on Finance of the Senate, the 
Secretary shall promptly initiate an investigation under this chapter 
to determine the eligibility for adjustment assistance of--
            ``(1) a group of workers (which may include workers from 
        more than one facility or employer); or
            ``(2) all workers in an occupation as that occupation is 
        defined in the Bureau of Labor Statistics Standard Occupational 
        Classification System.'';
            (2) in subsection (a)(2), by inserting ``or a request or 
        resolution filed under subsection (c),'' after ``paragraph 
        (1),''; and
            (3) in subsection (a)(3), by inserting ``, request, or 
        resolution'' after ``petition'' each place it appears.

SEC. 4. NOTIFICATION.

    Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended to 
read as follows:

``SEC. 224. NOTIFICATIONS REGARDING AFFIRMATIVE DETERMINATIONS AND 
              SAFEGUARDS.

    ``(a) Notifications Regarding Chapter 1 Investigations and 
Determinations.--Whenever the International Trade Commission makes a 
report under section 202(f) containing an affirmative finding regarding 
serious injury, or the threat thereof, to a domestic industry, the 
Commission shall immediately--
            ``(1) notify the Secretary of Labor of that finding; and
            ``(2) in the case of a finding with respect to an 
        agricultural commodity, as defined in section 291, notify the 
        Secretary of Agriculture of that finding.
    ``(b) Notification Regarding Bilateral Safeguards.--The 
International Trade Commission shall immediately notify the Secretary 
of Labor and, in an investigation with respect to an agricultural 
commodity, the Secretary of Agriculture, whenever the Commission makes 
an affirmative determination pursuant to one of the following 
provisions:
            ``(1) Section 421 of the Trade Act of 1974 (19 U.S.C. 
        2451).
            ``(2) Section 312 of the United States-Australia Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(3) Section 312 of the United States-Morocco Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(4) Section 312 of the United States-Singapore Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(5) Section 312 of the United States-Chile Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(6) Section 302(b) of the North American Free Trade 
        Agreement Implementation Act (19 U.S.C. 3352(b)).
            ``(7) Section 212 of the United States-Jordan Free Trade 
        Agreement Implementation Act (19 U.S.C. 2112).
    ``(c) Agricultural Safeguards.--The Commissioner of Customs shall 
immediately notify the Secretary of Labor and, in the case of an 
agricultural commodity, the Secretary of Agriculture, whenever the 
Commissioner of Customs assesses additional duties on a product 
pursuant to one of the following provisions:
            ``(1) Section 202 of the United States-Australia Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(2) Section 202 of the United States-Morocco Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(3) Section 201(c) of the United States-Chile Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(4) Section 309 of the North American Free Trade 
        Agreement Implementation Act (19 U.S.C. 3358).
            ``(5) Section 301(a) of the United States-Canada Free Trade 
        Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).
            ``(6) Section 404 of the United States-Israel Free Trade 
        Agreement Implementation Act (19 U.S.C. 2112 note).
    ``(d) Textile Safeguards.--The President shall immediately notify 
the Secretary of Labor whenever the President makes a positive 
determination pursuant to one of the following provisions:
            ``(1) Section 322 of the United States-Australia Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(2) Section 322 of the United States-Morocco Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(3) Section 322 of the United States-Chile Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(4) Section 322 of the United States-Singapore Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
    ``(e) Antidumping and Countervailing Duties.--Whenever the 
International Trade Commission makes a final affirmative determination 
pursuant to section 705 or section 735 of the Tariff Act of 1930 (19 
U.S.C. 1671d or 1673d), the Commission shall immediately notify the 
Secretary of Labor and, in the case of an agricultural commodity, the 
Secretary of Agriculture, of that determination.''.

SEC. 5. INDUSTRY-WIDE DETERMINATION.

    Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by 
adding at the end the following:
    ``(e) Investigation Regarding Industry-Wide Certification.--If the 
Secretary receives a request or a resolution under section 221(c) on 
behalf of workers in a domestic industry or occupation (described in 
section 221(c)(2)) or receives 3 or more petitions under section 221(a) 
within a 180-day period on behalf of groups of workers in a domestic 
industry or occupation, the Secretary shall make an industry-wide 
determination under subsection (a) of this section with respect to the 
domestic industry or occupation in which the workers are or were 
employed. If the Secretary does not make certification under the 
preceding sentence, the Secretary shall make a determination of 
eligibility under subsection (a) with respect to each group of workers 
in that domestic industry or occupation from which a petition was 
received.''.

SEC. 6. COORDINATION WITH OTHER TRADE PROVISIONS.

    (a) Industry-Wide Certification Based on Global Safeguards.--
            (1) Recommendations by itc.--
                    (A) Section 202(e)(2)(D) of the Trade Act of 1974 
                (19 U.S.C. 2252(e)(2)(D)) is amended by striking ``, 
                including the provision of trade adjustment assistance 
                under chapter 2''.
                    (B) Section 203(a)(3)(D) of the Trade Act of 1974 
                (19 U.S.C. 2253(a)(3)(D)) is amended by striking ``, 
                including the provision of trade adjustment assistance 
                under chapter 2''.
            (2) Assistance for workers.--Section 203(a)(1)(A) of the 
        Trade Act of 1974 (19 U.S.C. 2253(a)(1)(A)) is amended to read 
        as follows:
                    ``(A) After receiving a report under section 202(f) 
                containing an affirmative finding regarding serious 
                injury, or the threat thereof, to a domestic industry--
                            ``(i) the President shall take all 
                        appropriate and feasible action within his 
                        power; and
                            ``(ii)(I) the Secretary of Labor shall 
                        certify as eligible to apply for adjustment 
                        assistance under section 223 workers employed 
                        in the domestic industry defined by the 
                        Commission if such workers become totally or 
                        partially separated, or are threatened to 
                        become totally or partially separated, not 
                        earlier than 1 year before, or not later than 1 
                        year after, the date on which the Commission 
                        made its report to the President under section 
                        202(f); and
                            ``(II) in the case of a finding with 
                        respect to an agricultural commodity as defined 
                        in section 291, the Secretary of Agriculture 
                        shall certify as eligible to apply for 
                        adjustment assistance under section 293 
                        agricultural commodity producers employed in 
                        the domestic production of the agricultural 
                        commodity that is the subject of the finding 
                        during the most recent marketing year.''.
    (b) Industry-Wide Certification Based on Bilateral Safeguard 
Provisions or Antidumping or Countervailing Duty Orders.--
            (1) In general.--Subchapter A of chapter 1 of title II of 
        the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by 
        inserting after section 224 the following new section:

``SEC. 224A. INDUSTRY-WIDE CERTIFICATION WHERE BILATERAL SAFEGUARD 
              PROVISIONS INVOKED OR ANTIDUMPING OR COUNTERVAILING 
              DUTIES IMPOSED.

    ``(a) In General.--
            ``(1) Mandatory certification.--Not later than 10 days 
        after the date on which the Secretary of Labor receives a 
        notification with respect to the imposition of a trade remedy, 
        safeguard determination, or antidumping or countervailing duty 
        determination under section 224 (a), (b), (c), (d), or (e), the 
        Secretary shall certify as eligible for trade adjustment 
        assistance under section 223(a) workers employed in the 
        domestic production of the article that is the subject of the 
        trade remedy, safeguard determination, or antidumping or 
        countervailing duty determination, as the case may be, if such 
        workers become totally or partially separated, or are 
        threatened to become totally or partially separated not more 
        than 1 year before or not more than 1 year after the applicable 
        date.
            ``(2) Applicable date.--In this section, the term 
        `applicable date' means--
                    ``(A) the date on which the affirmative or positive 
                determination or finding is made in the case of a 
                notification under section 224 (a), (b), or (d);
                    ``(B) the date on which a final determination is 
                made in the case of a notification under section 
                224(e); or
                    ``(C) the date on which additional duties are 
                assessed in the case of a notification under section 
                224(c).
    ``(b) Qualifying Requirements for Workers.--The provisions of 
subchapter B shall apply in the case of a worker covered by a 
certification under this section or section 223(e), except as follows:
            ``(1) Section 231(a)(5)(A)(ii) shall be applied--
                    ``(A) by substituting `30th week' for `16th week' 
                in subclause (I); and
                    ``(B) by substituting `26th week' for `8th week' in 
                subclause (II).
            ``(2) The provisions of section 236(a)(1) (A) and (B) shall 
        not apply.''.
            (2) Agricultural commodity producers.--Chapter 6 of title 
        II of the Trade Act of 1974 (19 U.S.C. 2401 et seq.) is amended 
        by striking section 294 and inserting the following:

``SEC. 294. INDUSTRY-WIDE CERTIFICATION FOR AGRICULTURAL COMMODITY 
              PRODUCERS WHERE SAFEGUARD PROVISIONS INVOKED OR 
              ANTIDUMPING OR COUNTERVAILING DUTIES IMPOSED.

    ``(a) In General.--Not later than 10 days after the date on which 
the Secretary of Agriculture receives a notification with respect to 
the imposition of a trade remedy, safeguard determination, or 
antidumping or countervailing duty determination under section 224 (b), 
(c), or (e), the Secretary shall certify as eligible for trade 
adjustment assistance under section 293(a) agricultural commodity 
producers employed in the domestic production of the agricultural 
commodity that is the subject of the trade remedy, safeguard 
determination, or antidumping or countervailing duty determination, as 
the case may be, during the most recent marketing year.
    ``(b) Applicable Date.--In this section, the term `applicable date' 
means--
            ``(1) the date on which the affirmative or positive 
        determination or finding is made in the case of a notification 
        under section 224(b);
            ``(2) the date on which a final determination is made in 
        the case of a notification under section 224(e); or
            ``(3) the date on which additional duties are assessed in 
        the case of a notification under section 224(c).''.
    (c) Technical and Conforming Amendments.--
            (1) Training.--Section 236(a)(2)(A) is amended by striking 
        ``$220,000,000, and inserting ``$440,000,000''.
            (2) Table of contents.--The table of contents for title II 
        of the Trade Act of 1974 is amended--
                    (A) by striking the item relating to section 224 
                and inserting the following:

``Sec. 224. Notifications regarding affirmative determinations and 
                            safeguards.'';
                    (B) by inserting after the item relating to section 
                224, the following:

``Sec. 224A. Industry-wide certification based on bilateral safeguard 
                            provisions invoked or antidumping or 
                            countervailing duties imposed.'';
            and
                    (C) by striking the item relating to section 294, 
                and inserting the following:

``Sec. 294. Industry-wide certification for agricultural commodity 
                            producers where safeguard provisions 
                            invoked or antidumping or countervailing 
                            duties imposed.''.

SEC. 7. REGULATIONS.

    The Secretary of the Treasury, the Secretaries of Agriculture and 
Labor, and the International Trade Commission may promulgate such 
regulations as may be necessary to carry out the amendments made by 
this Act.
                                 <all>