II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trade Adjustment As5 sistance for Industries Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Trade Adjustment Assistance assists work9 ers and agricultural commodity producers who lose 

10 their jobs for trade-related reasons to retrain, gain 
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1 new skills, and find new jobs in growing sectors of 

2 the economy. 

3 (2) The total cost of providing adjustment as4 sistance represents a tiny fraction of the gains to the 

5 United States economy as a whole that economists 

6 attribute to trade liberalization. 

7 (3) In circumstances where, due to changes in 

8 market conditions caused by the implementation of 

9 bilateral or multilateral free trade agreements, un10 fair trade practices, unforeseen import surges, and 

11 other reasons, import competition creates industry12 wide effects on domestic workers or agricultural 

13 commodity producers, the current process of assess14 ing eligibility for trade adjustment assistance on a 

15 plant-by-plant basis is inefficient and can lead to un16 fair and inconsistent results. 

17 SEC. 3. OTHER METHODS OF REQUESTING INVESTIGATION. 

18 Section 221 of the Trade Act of 1974 (19 U.S.C. 

19 2271) is amended— 

20 (1) by adding at the end the following: 

21 ‘‘(c) OTHER METHODS OF INITIATING A PETITION.— 

22 Upon the request of the President or the United States 

23 Trade Representative, or the resolution of either the Com24 mittee on Ways and Means of the House of Representa25 tives or the Committee on Finance of the Senate, the Sec-
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1 retary shall promptly initiate an investigation under this 

2 chapter to determine the eligibility for adjustment assist3 ance of— 

4 ‘‘(1) a group of workers (which may include 

5 workers from more than one facility or employer); or 

6 ‘‘(2) all workers in an occupation as that occu7 pation is defined in the Bureau of Labor Statistics 

8 Standard Occupational Classification System.’’; 

9 (2) in subsection (a)(2), by inserting ‘‘or a re10 quest or resolution filed under subsection (c),’’ after 

11 ‘‘paragraph (1),’’; and 

12 (3) in subsection (a)(3), by inserting ‘‘, request, 

13 or resolution’’ after ‘‘petition’’ each place it appears. 

14 SEC. 4. NOTIFICATION. 

15 Section 224 of the Trade Act of 1974 (19 U.S.C. 

16 2274) is amended to read as follows: 

17 ‘‘SEC. 224. NOTIFICATIONS REGARDING AFFIRMATIVE DE18 TERMINATIONS AND SAFEGUARDS. 

19 ‘‘(a) NOTIFICATIONS REGARDING CHAPTER 1 INVES20 TIGATIONS AND DETERMINATIONS.—Whenever the Inter21 national Trade Commission makes a report under section 

22 202(f) containing an affirmative finding regarding serious 

23 injury, or the threat thereof, to a domestic industry, the 

24 Commission shall immediately— 
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1 ‘‘(1) notify the Secretary of Labor of that find2 ing; and 

3 ‘‘(2) in the case of a finding with respect to an 

4 agricultural commodity, as defined in section 291, 

5 notify the Secretary of Agriculture of that finding. 

6 ‘‘(b) NOTIFICATION REGARDING BILATERAL SAFE7 GUARDS.—The International Trade Commission shall im8 mediately notify the Secretary of Labor and, in an inves9 tigation with respect to an agricultural commodity, the 

10 Secretary of Agriculture, whenever the Commission makes 

11 an affirmative determination pursuant to one of the fol12 lowing provisions: 

13 ‘‘(1) Section 421 of the Trade Act of 1974 (19 

14 U.S.C. 2451). 

15 ‘‘(2) Section 312 of the United States-Australia 

16 Free Trade Agreement Implementation Act (19 

17 U.S.C. 3805 note). 

18 ‘‘(3) Section 312 of the United States-Morocco 

19 Free Trade Agreement Implementation Act (19 

20 U.S.C. 3805 note). 

21 ‘‘(4) Section 312 of the United States-Singa22 pore Free Trade Agreement Implementation Act (19 

23 U.S.C. 3805 note). 
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1 ‘‘(5) Section 312 of the United States-Chile 

2 Free Trade Agreement Implementation Act (19 

3 U.S.C. 3805 note). 

4 ‘‘(6) Section 302(b) of the North American 

5 Free Trade Agreement Implementation Act (19 

6 U.S.C. 3352(b)). 

7 ‘‘(7) Section 212 of the United States-Jordan 

8 Free Trade Agreement Implementation Act (19 

9 U.S.C. 2112). 

10 ‘‘(c) AGRICULTURAL SAFEGUARDS.—The Commis11 sioner of Customs shall immediately notify the Secretary 

12 of Labor and, in the case of an agricultural commodity, 

13 the Secretary of Agriculture, whenever the Commissioner 

14 of Customs assesses additional duties on a product pursu15 ant to one of the following provisions: 

16 ‘‘(1) Section 202 of the United States-Australia 

17 Free Trade Agreement Implementation Act (19 

18 U.S.C. 3805 note). 

19 ‘‘(2) Section 202 of the United States-Morocco 

20 Free Trade Agreement Implementation Act (19 

21 U.S.C. 3805 note). 

22 ‘‘(3) Section 201(c) of the United States-Chile 

23 Free Trade Agreement Implementation Act (19 

24 U.S.C. 3805 note). 
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1 ‘‘(4) Section 309 of the North American Free 

2 Trade Agreement Implementation Act (19 U.S.C. 

3 3358). 

4 ‘‘(5) Section 301(a) of the United States-Can5 ada Free Trade Agreement Implementation Act of 

6 1988 (19 U.S.C. 2112 note). 

7 ‘‘(6) Section 404 of the United States-Israel 

8 Free Trade Agreement Implementation Act (19 

9 U.S.C. 2112 note). 

10 ‘‘(d) TEXTILE SAFEGUARDS.—The President shall 

11 immediately notify the Secretary of Labor whenever the 

12 President makes a positive determination pursuant to one 

13 of the following provisions: 

14 ‘‘(1) Section 322 of the United States-Australia 

15 Free Trade Agreement Implementation Act (19 

16 U.S.C. 3805 note). 

17 ‘‘(2) Section 322 of the United States-Morocco 

18 Free Trade Agreement Implementation Act (19 

19 U.S.C. 3805 note). 

20 ‘‘(3) Section 322 of the United States-Chile 

21 Free Trade Agreement Implementation Act (19 

22 U.S.C. 3805 note). 

23 ‘‘(4) Section 322 of the United States-Singa24 pore Free Trade Agreement Implementation Act (19 

25 U.S.C. 3805 note). 
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1 ‘‘(e) ANTIDUMPING AND COUNTERVAILING DU2 TIES.—Whenever the International Trade Commission 

3 makes a final affirmative determination pursuant to sec4 tion 705 or section 735 of the Tariff Act of 1930 (19 

5 U.S.C. 1671d or 1673d), the Commission shall imme6 diately notify the Secretary of Labor and, in the case of 

7 an agricultural commodity, the Secretary of Agriculture, 

8 of that determination.’’. 

9 SEC. 5. INDUSTRY-WIDE DETERMINATION. 

10 Section 223 of the Trade Act of 1974 (19 U.S.C. 

11 2273) is amended by adding at the end the following: 

12 ‘‘(e) INVESTIGATION REGARDING INDUSTRY-WIDE

13 CERTIFICATION.—If the Secretary receives a request or 

14 a resolution under section 221(c) on behalf of workers in 

15 a domestic industry or occupation (described in section 

16 221(c)(2)) or receives 3 or more petitions under section 

17 221(a) within a 180-day period on behalf of groups of 

18 workers in a domestic industry or occupation, the Sec19 retary shall make an industry-wide determination under 

20 subsection (a) of this section with respect to the domestic 

21 industry or occupation in which the workers are or were 

22 employed. If the Secretary does not make certification 

23 under the preceding sentence, the Secretary shall make 

24 a determination of eligibility under subsection (a) with re-
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1 spect to each group of workers in that domestic industry 

2 or occupation from which a petition was received.’’. 

3 SEC. 6. COORDINATION WITH OTHER TRADE PROVISIONS. 

4 (a) INDUSTRY-WIDE CERTIFICATION BASED ON

5 GLOBAL SAFEGUARDS.— 

6 (1) RECOMMENDATIONS BY ITC.— 

7 (A) Section 202(e)(2)(D) of the Trade Act 

8 of 1974 (19 U.S.C. 2252(e)(2)(D)) is amended 

9 by striking ‘‘, including the provision of trade 

10 adjustment assistance under chapter 2’’. 

11 (B) Section 203(a)(3)(D) of the Trade Act 

12 of 1974 (19 U.S.C. 2253(a)(3)(D)) is amended 

13 by striking ‘‘, including the provision of trade 

14 adjustment assistance under chapter 2’’. 

15 (2) ASSISTANCE FOR WORKERS.—Section 

16 203(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 

17 2253(a)(1)(A)) is amended to read as follows: 

18 ‘‘(A) After receiving a report under section 

19 202(f) containing an affirmative finding regard20 ing serious injury, or the threat thereof, to a 

21 domestic industry— 

22 ‘‘(i) the President shall take all appro23 priate and feasible action within his power; 

24 and 
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1 ‘‘(ii)(I) the Secretary of Labor shall 

2 certify as eligible to apply for adjustment 

3 assistance under section 223 workers em4 ployed in the domestic industry defined by 

5 the Commission if such workers become to6 tally or partially separated, or are threat7 ened to become totally or partially sepa8 rated, not earlier than 1 year before, or 

9 not later than 1 year after, the date on 

10 which the Commission made its report to 

11 the President under section 202(f); and 

12 ‘‘(II) in the case of a finding with re13 spect to an agricultural commodity as de14 fined in section 291, the Secretary of Agri15 culture shall certify as eligible to apply for 

16 adjustment assistance under section 293 

17 agricultural commodity producers em18 ployed in the domestic production of the 

19 agricultural commodity that is the subject 

20 of the finding during the most recent mar21 keting year.’’. 

22 (b) INDUSTRY-WIDE CERTIFICATION BASED ON BI23 LATERAL SAFEGUARD PROVISIONS OR ANTIDUMPING OR

24 COUNTERVAILING DUTY ORDERS.— 
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1 (1) IN GENERAL.—Subchapter A of chapter 1 

2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 

3 et seq.) is amended by inserting after section 224 

4 the following new section: 

5 ‘‘SEC. 224A. INDUSTRY-WIDE CERTIFICATION WHERE BILAT6 ERAL SAFEGUARD PROVISIONS INVOKED OR 

7 ANTIDUMPING OR COUNTERVAILING DUTIES 

8 IMPOSED. 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) MANDATORY CERTIFICATION.—Not later 

11 than 10 days after the date on which the Secretary 

12 of Labor receives a notification with respect to the 

13 imposition of a trade remedy, safeguard determina14 tion, or antidumping or countervailing duty deter15 mination under section 224 (a), (b), (c), (d), or (e), 

16 the Secretary shall certify as eligible for trade ad17 justment assistance under section 223(a) workers 

18 employed in the domestic production of the article 

19 that is the subject of the trade remedy, safeguard 

20 determination, or antidumping or countervailing 

21 duty determination, as the case may be, if such 

22 workers become totally or partially separated, or are 

23 threatened to become totally or partially separated 

24 not more than 1 year before or not more than 1 year 

25 after the applicable date. 
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1 ‘‘(2) APPLICABLE DATE.—In this section, the 

2 term ‘applicable date’ means— 

3 ‘‘(A) the date on which the affirmative or 

4 positive determination or finding is made in the 

5 case of a notification under section 224 (a), (b), 

6 or (d); 

7 ‘‘(B) the date on which a final determina8 tion is made in the case of a notification under 

9 section 224(e); or 

10 ‘‘(C) the date on which additional duties 

11 are assessed in the case of a notification under 

12 section 224(c). 

13 ‘‘(b) QUALIFYING REQUIREMENTS FOR WORKERS.— 

14 The provisions of subchapter B shall apply in the case of 

15 a worker covered by a certification under this section or 

16 section 223(e), except as follows: 

17 ‘‘(1) Section 231(a)(5)(A)(ii) shall be applied— 

18 ‘‘(A) by substituting ‘30th week’ for ‘16th 

19 week’ in subclause (I); and 

20 ‘‘(B) by substituting ‘26th week’ for ‘8th 

21 week’ in subclause (II). 

22 ‘‘(2) The provisions of section 236(a)(1) (A) 

23 and (B) shall not apply.’’. 

24 (2) AGRICULTURAL COMMODITY PRODUCERS.— 

25 Chapter 6 of title II of the Trade Act of 1974 (19 
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1 U.S.C. 2401 et seq.) is amended by striking section 

2 294 and inserting the following: 

3 ‘‘SEC. 294. INDUSTRY-WIDE CERTIFICATION FOR AGRICUL4 TURAL COMMODITY PRODUCERS WHERE 

5 SAFEGUARD PROVISIONS INVOKED OR ANTI6 DUMPING OR COUNTERVAILING DUTIES IM7 POSED. 

8 ‘‘(a) IN GENERAL.—Not later than 10 days after the 

9 date on which the Secretary of Agriculture receives a noti10 fication with respect to the imposition of a trade remedy, 

11 safeguard determination, or antidumping or counter12 vailing duty determination under section 224 (b), (c), or 

13 (e), the Secretary shall certify as eligible for trade adjust14 ment assistance under section 293(a) agricultural com15 modity producers employed in the domestic production of 

16 the agricultural commodity that is the subject of the trade 

17 remedy, safeguard determination, or antidumping or coun18 tervailing duty determination, as the case may be, during 

19 the most recent marketing year. 

20 ‘‘(b) APPLICABLE DATE.—In this section, the term 

21 ‘applicable date’ means— 

22 ‘‘(1) the date on which the affirmative or posi23 tive determination or finding is made in the case of 

24 a notification under section 224(b); 
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1 ‘‘(2) the date on which a final determination is 

2 made in the case of a notification under section 

3 224(e); or 

4 ‘‘(3) the date on which additional duties are as5 sessed in the case of a notification under section 

6 224(c).’’. 

7 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) TRAINING.—Section 236(a)(2)(A) is amend9 ed by striking ‘‘$220,000,000, and inserting 

10 ‘‘$440,000,000’’. 

11 (2) TABLE OF CONTENTS.—The table of con12 tents for title II of the Trade Act of 1974 is amend13 ed— 

14 (A) by striking the item relating to section 

15 224 and inserting the following: 

‘‘Sec. 224. Notifications regarding affirmative determinations and safeguards.’’; 

16 (B) by inserting after the item relating to 

17 section 224, the following: 

‘‘Sec. 224A. Industry-wide certification based on bilateral safeguard provisions 

invoked or antidumping or countervailing duties imposed.’’; 

18 and 

19 (C) by striking the item relating to section 

20 294, and inserting the following: 

‘‘Sec. 294. Industry-wide certification for agricultural commodity producers 

where safeguard provisions invoked or antidumping or countervailing duties imposed.’’. 
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1 SEC. 7. REGULATIONS. 

2 The Secretary of the Treasury, the Secretaries of Ag3 riculture and Labor, and the International Trade Commis4 sion may promulgate such regulations as may be necessary 

5 to carry out the amendments made by this Act. 

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