< Back to H.R. 3008 (107th Congress, 2001–2002)

Text of Import Competition bill

This bill was introduced in a previous session of Congress and was passed by the House on December 6, 2001 but was never passed by the Senate. The text of the bill below is as of Dec 6, 2001 (Passed the House (Engrossed)).

This is not the latest text of this bill.

Source: GPO

HR 3008 EH

107th CONGRESS

1st Session

H. R. 3008


AN ACT

To reauthorize the trade adjustment assistance program under the Trade Act of 1974, and for other purposes.

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

TITLE I--REAUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM; RELATED PROVISIONS

SECTION 101. REAUTHORIZATION OF PROGRAM.

    (a) ASSISTANCE FOR WORKERS- Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended by striking ‘October 1, 1998, and ending September 30, 2001,’ each place it appears and inserting ‘October 1, 2001, and ending September 30, 2003,’.

    (b) ASSISTANCE FOR FIRMS- Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ‘October 1, 1998, and ending September 30, 2001’ and inserting ‘October 1, 2001, and ending September 30, 2003,’.

    (c) TERMINATION- Section 285(c) of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended in paragraphs (1) and (2)(A) by striking ‘September 30, 2001’ and inserting ‘September 30, 2003’.

    (d) TRAINING LIMITATION UNDER NAFTA PROGRAM- Section 250(d)(2) of the Trade Act of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking ‘October 1, 1998, and ending September 30, 2001’ and inserting ‘October 1, 2001, and ending September 30, 2003’.

    (e) CLARIFICATION OF CERTAIN REDUCTIONS- (1) Section 231(a)(3)(B) of the Trade Act of 1974 (19 U.S.C. 2291(a)(3)(B)) is amended by striking ‘any unemployment insurance’ and inserting ‘any regular State unemployment insurance’.

    (2) Section 233(a)(1) of the Trade Act of 1974 (19 U.S.C. 2293(a)(1)) is amended by striking ‘unemployment insurance’ and inserting ‘regular State unemployment insurance’.

    (f) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2001.

SEC. 102. AMENDMENTS TO LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES.

    (a) INCREASE IN MAXIMUM NUMBER OF WEEKS- Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) is amended--

      (1) in paragraph (2), by inserting after ‘104-week period’ the following: ‘(or, in the case of an adversely affected worker who requires a program of remedial education (as described in section 236(a)(5)(D)) in order to complete training approved for the worker under section 236, the 130-week period)’; and

      (2) in paragraph (3), by striking ‘26’ each place it appears and inserting ‘52’.

    (b) ADDITIONAL WEEKS FOR INDIVIDUALS IN NEED OF REMEDIAL EDUCATION- Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end the following:

    ‘(g) Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 which includes a program of remedial education (as described in section 236(a)(5)(D)), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter.’.

    (c) EFFECTIVE DATE- The amendments made by this section shall apply with respect to an individual receiving trade readjustment allowances pursuant to chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) on or after January 1, 2001.

SEC. 103. EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF LABOR.

    Section 223(a) of the Trade Act of 1974 (19 U.S.C. 2273(a)) is amended in the first sentence by striking ‘60 days’ and inserting ‘40 days’.

SEC. 104. DECLARATION OF POLICY; SENSE OF CONGRESS.

    (a) DECLARATION OF POLICY- Congress reiterates that, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974, workers are eligible for transportation, childcare, and healthcare assistance, as well as other related assistance under programs administered by the Department of Labor.

    (b) SENSE OF CONGRESS- It is the sense of Congress that the Secretary of Labor, working independently and in conjunction with the States, should, in accordance with section 225 of the Trade Act of 1974, provide more specific information about benefit allowances, training, and other employment services, and the petition and application procedures (including appropriate filing dates) for such allowances, training, and services, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 to workers who are applying for, or are certified to receive, assistance under that program, including information on all other Federal assistance available to such workers.

TITLE II--ADJUSTMENT ASSISTANCE PROGRAM FOR WORKERS SEPARATED FROM EMPLOYMENT DUE TO THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001

SEC. 201. ESTABLISHMENT OF PROGRAM.

    As soon as practicable after the date of the enactment of this Act, the Secretary of Labor shall establish a program to provide adjustment assistance for workers separated from employment due to the terrorist attacks of September 11, 2001, in accordance with the provisions of this title.

SEC. 202. PETITION.

    (a) PETITION- A petition for a certification of eligibility to apply for adjustment assistance under this title may be filed with the Secretary by a group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) or by their certified or recognized union or other duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.

    (b) PUBLIC HEARING- If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard.

SEC. 203. CERTIFICATION.

    (a) CERTIFICATION- The Secretary shall certify a group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) as eligible to apply for adjustment assistance under this title if the Secretary determines--

      (1) that a significant number or proportion of the workers in such workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;

      (2) that sales or production, or both, of such firm or subdivision have decreased absolutely; and

      (3) that the national impact of the terrorist attacks of September 11, 2001, contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production, as determined by the Secretary.

    (b) ADDITIONAL REQUIREMENTS- The provisions of section 223 of the Trade Act of 1974 shall apply to a determination and issuance of a certification with respect to a group of workers under this title in the same manner and to the same extent as such provisions apply to a determination and issuance of a certification with respect to a group of workers under the program under subchapter A of chapter 2 of title II of such Act, to the extent determined to be appropriate by the Secretary.

    (c) DEFINITION- For purposes of subsection (a)(3), the term ‘contributed importantly’ means a cause which is important but not necessarily more important than any other cause.

SEC. 204. BENEFITS.

    Workers covered by a certification issued by the Secretary under section 203 shall be provided, in the same manner and to the same extent as workers covered under a certification under the program under subchapter A of chapter 2 of title II of the Trade Act of 1974, the benefits described in subchapter B of chapter 2 of title II of such Act, to the extent determined to be appropriate by the Secretary.

SEC. 205. ADMINISTRATION.

    The provisions of subchapter C of chapter 2 of title II of the Trade Act of 1974 shall apply to the administration of the program under this title in the same manner and to the same extent as such provisions apply to the administration of the program under subchapter A of chapter 2 of title II of such Act, to the extent determined to be appropriate by the Secretary.

SEC. 206. DEFINITIONS.

    In this title:

      (1) SECRETARY- The term ‘Secretary’ means the Secretary of Labor.

      (2) TERRORIST ATTACKS OF SEPTEMBER 11, 2001- The term ‘terrorist attacks of September 11, 2001’ means the following events that occurred on September 11, 2001:

        (A) The attack, using two hijacked commercial aircraft, that was made on the towers of the World Trade Center in New York City.

        (B) The attack, using a hijacked commercial aircraft, that was made on the Pentagon.

        (C) The hijacking of a commercial aircraft and the subsequent crash of the aircraft in the State of Pennsylvania, in the County of Somerset.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    (a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary to carry out this title $2,000,000,000 for fiscal years 2002 and 2003.

    (b) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.

Passed the House of Representatives December 6, 2001.

Attest:

Clerk.

107th CONGRESS

1st Session

H. R. 3008

AN ACT

To reauthorize the trade adjustment assistance program under the Trade Act of 1974, and for other purposes.