II 109th CONGRESS 1st Session S. 1444 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.

1.

Short title

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

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.

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.

4.

Notification

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

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.

.

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. .

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:

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:

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. .

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.