I 112th CONGRESS 1st Session H. R. 2525 IN THE HOUSE OF REPRESENTATIVES July 13, 2011 Mr. Wu introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Trade Act of 1974 with respect to the trade adjustment assistance program, and for other purposes.

1.

Short title

This Act may be cited as the Trade Adjustment Assistance Accountability Act of 2011.

2.

Amendments to trade adjustment assistance program

(a)

Extension of assistance program for workers

Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking October 1, 2001, and ending December 31, 2007 and inserting February 13, 2011, and ending September 30, 2014. (b)

Notice to petitioner of initiation of investigation

Section 221(a)(3) of the Trade Act of 1974 (19 U.S.C. 2271(a)(3)) is amended by adding at the end the following: The Secretary shall also send written or electronic notification of the receipt of the petition and the initiation of the investigation directly to the petitioner.. (c)

Procedural matters

(1)

Basis for secretary’s determination

Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended by adding at the end the following: (d)

Basis for Secretary’s determinations

(1)

In general

The Secretary shall, in determining whether to certify a group of workers under section 223, obtain from the workers' firm, a customer of the workers' firm, or the petitioner, information that the Secretary determines to be necessary to make the certification, through questionnaires and in such other manner as the Secretary determines appropriate. (2)

Additional information

The Secretary may seek additional information to determine whether to certify a group of workers under subsection (a) or (b)— (A)by contacting— (i)officials or employees of the workers' firm; (ii)officials of customers of the workers' firm; (iii)officials of certified or recognized unions or other duly authorized representatives of the group of workers; or (iv)one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); (B)by reviewing all certifications or denials of petitions for trade adjustment assistance within the same industry as the petitioner and considering the impact of trade on those determinations; or (C)by using other available sources of information. (3)

Verification of information

(A)

Certification

The Secretary shall require a firm or customer to certify— (i)all information obtained under paragraph (1) from the firm or customer (as the case may be) through questionnaires; and (ii)all other information obtained under paragraph (1) from the firm or customer (as the case may be) on which the Secretary relies in making a determination under section 223, unless the Secretary has a reasonable basis for determining that such information is accurate and complete without being certified. (B)

Protection of confidential information

The Secretary may not release information obtained under paragraph (1) that the Secretary considers to be confidential business information unless the firm or customer (as the case may be) submitting the confidential business information had notice, at the time of submission, that the information would be released by the Secretary, or the firm or customer (as the case may be) subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court. (C)

Review of information

If the petition for certification is denied and the petitioner appeals the denial, the Secretary shall notify the petitioner of any information submitted or certified as part of an investigation that was adverse to the petitioner’s claim, and shall allow a petitioner to review any documents not protected under subparagraph (B). The petitioner shall be permitted an opportunity to submit and certify a rebuttal to the information submitted by the firm or firm’s customer as an addendum to the appeal, before the Secretary reviews the appeal. . (2)

Determination of secretary

Section 223(a) of the Trade Act of 1974 is amended— (A)by striking (a) As soon as possible and inserting— (a)

In general

(1)

Initial determinations

As soon as possible ; and (B)by adding at the end the following: (2)

Notifications to petitioner

Not later than 60 days after a petition or appeal is filed, the Secretary shall provide a written or electronic response to a written request for information from the petitioner regarding the status of the petition. The response shall include the current stage of the investigation, details on outstanding requests for information from the firm or firm’s customer described in 222(e), any other reason for the delay, and the expected date of the final determination. Such notification shall be provided to the petitioner not later than 21 days after it is received by the Secretary. . (d)

Conforming amendments

Section 285(a) of the Trade Act of 1974 is amended by striking December 31, 2007 each place it appears and inserting September 30, 2014. (e)

Effective date

(1)

Extension of program

The amendments made by subsections (a) and (d) apply to petitions for certification of eligibility for adjustment assistance under chapter 2 of title II of the Trade Act of 1974 that are filed before, on, or after the date of the enactment of this Act for such eligibility on or after February 13, 2011. (2)

Procedural requirements

The amendments made by subsections (b) and (c) apply with respect to petitions for certification of eligibility for adjustment assistance under chapter 2 of title II of the Trade Act of 1974 that are filed or after the date of the enactment of this Act.