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to consider a resolution with respect to a recommendation of the PresiPost, p. 2056. (Jent under section 402(d) (other than a resolution described in subsection (a)(1) received irom the other House), if that House has adopted a resolution with respect to the same recommendation. 19 USC 2194. SEC. 154. SPECIAL RULES RELATING TO CONGRESSIONAL PROCEDURES. (a) Whenever, pursuant to section 102(e), 203(b), 302(a), 402(d), ptT'P'201^5' o^ ^ ' ^ (^) ^^ (b) ' ^^ section 303(e) of the Tariff Act of 1930, a docu2043' 2063, 2049. mcut is required to be transmitted to the Congress, copies of such document shall be delivered to both Houses of Congress on the same day and shall be deliver-ed to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session. (b) For purposes of sections 203(c), 302(b), 407(c)(2), and 407 (c)(3), the 90-day period referred to in such sections shall be computed by excluding— (1) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die, and (2) any Saturday and Sunday, not excluded under paragraph (1), when either House is not in session.

CHAPTER 6—CONGRESSIONAL LIAISON AND REPORTS 19 USC 2211.

19 USC 2212.

SEC. 161. CONGRESSIONAL DELEGATES TO NEGOTIATIONS. (a) At the beginning of each regular session of Congress, the Speaker of the House of Representatives, upon the recommendation of the chairman of the Committee on Ways and Means, shall select five members (not more than three of whom are members of the same political party) of such committee, and the President pro tempore of the Senate, upon the recommendation of the chairman of the Committee on Finance, shall select five members (not more than three of whom are members of the same political party) of such committee, who shall be accredited by the President as official advisers to the United States delegations to international conferences, meetings, and negotiation sessions relating to trade agreements. (b)(1) The Special Representative for Trade Negotiation shall keep each official adviser currently informed on United States negotiating objectives, the status of negotiations in progress, and the nature of any changes in domestic law or the administration thereof which may be recommended to Congress to carry out any trade agreement. (2) The chairmen of the Committee on Ways and Means and the Committee on Finance may designate members (in addition to the official advisors under subsection (a)) and staff members of their respective committees who shall have access to the information provided to official advisers under paragraph (1). SEC. 162. TRANSMISSION OF AGREEMENTS TO CONGRESS. (a) As soon as practicable after a trade agreement entered into under chapter 1 or section 123 or 124 has entered into force with respect to the United States, the President shall, if he has not previously done so, transmit a copy of such trade agreement to each House of the Congress together with a statement, in the light of the advice of the International Trade Commission under section 131(b), if any,

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and of other relevant considerations, of his reasons for entering into the agreement. (b) The President shall transmit to each Member of the Congress ^^^^^"^^^^^ "^'"' a summary of the information required to be transmitted to each House under subsection (a). For purposes of this subsection, the 'Member." term "Member" includes any Delegate or Resident Commissioner. SEC. 163. REPORTS. 19 USC 2213. (a) The President shall submit to the Congress an annual report ^^\l^cTn'rlss' on the trade agreements program and on import relief and adjustment °'^* ° °"2^^^assistance for workers, firms, and communities under this Act. Such report shall include information regarding new negotiations; changes made in duties and nontariff barriers and other distortions of trade of the United States; reciprocal concessions obtained; changes in trade agreements (including the incorporation therein of actions taken for import relief and compensation provided therefor); extension or withdrawal of nondiscriminatory treatment by the United States with respect to the products of a foreign country; extension, modification, withdrawal, suspension, or limitation of preferential treatment to exports of developing countries; the results of action taken to obtain removal of foreign trade restrictions (including discriminatory restrictions) against United States exports and the removal of foreign practices which discriminate against United States service industries (including transportation and tourism) and investment; and the measures being taken to seek the removal of other significant foreign import restrictions; and other information relating to the trade agreements program and to the agreements entered into thereunder. Such report shall also include information regarding the number of applications filed for adjustment assistance for workers, firms, and communities, the number of such applications which were approved, and the extent to which adjustment assistance has been provided under such approved applications. (b) The International Trade Commission shall submit to the Con- ^^"^^ report to gress, at least once a year, a factual report on the operation of the C o n g r e s s. trade agreements program.

CHAPTER 7—UNITED STATES INTERNATIONAL TRADE COMMISSION SEC. 171. CHANGE OF NAME OF TARIFF COMMISSION. (a) The United States Tariff Commission (established by section 330 of the Tariff Act of 1930) is renamed as the United States International Trade Commission. (b) Any reference in any law of the United States, or in any order, rule, regulation, or other document, to the United States Tariff Commission (or the Tariff Commission) shall be considered to refer to the United States International Trade Commission. SEC. 172. ORGANIZATION OF THE COMMISSION. (a) Subsections (a) and (b) of section 330 of the Tariff Act of 1930 (19 U.S.C. 1330) are amended to read as follows: " (a) MEMBERSHIP.—The United States International Trade Commission (referred to in this title as the "Commission'-) shall be composed of six commissioners who shall be appointed by the President, by and with the advice and consent of the Senate. No person shall be eligible for appointment as a commissioner unless he is a citizen of the United States, and, in the judgment of the President, is possessed

19 USC 2231. 19 USC 1330.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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of qualifications requisite for developing expert knowledge of international trade problems and efficiency in administering the duties and functions of the Commission. A person who has served "as a commissioner for more than 5 years (excluding service as a commissioner before the date of the enactment of the Trade Act of 1974) shall not be eligible for reappointment as a commissioner. Not more than three of the commissioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed alternately as nearly as may be practicable. " (b) TERMS OF OFFICE.—The terms of office of the commissioners

5 USC 5315.

5 USC 5316. 19 USC 1332.

holding office on the date of the enactment of the Trade Act of 1974 which (but for this sentence) would expire on June 16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, shall expire on December 16, 1976, June 16, 1978, December 16, 1979, June 16, 1981, December 16, 1982, and June 16, 1984, respectively. The term of office of each commissioner appointed after such date shall expire 9 years from the date of the expiration of the term for which his predecessor was appointed, except that any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term." (b) Subsection (c) of such section is amended— (1) by striking out "The" in the first sentence and inserting in lieu thereof "(1) Except as provided in paragraph (2), the"; and (2) by adding at the end thereof the following new paragraph: "(2) Effective on and after June 17, 1975, the commissioner whose term is first to expire and who has at least 18 months remaining in his term shall serve as chairman during the last 18 months of his term (or, in the case of a commissioner appointed to fill a vacancy occurring during such 18-month period, during the remainder of his term), and the commissioner whose term is second to expire and who has at least 36 months remaining in his term shall serve as vice chairman during the same 18-month period (or, in the case of a commissioner appointed to fill a vacancy occurring during such 18-month period, during the remainder of such 18-month period)." (c)(1) Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: "(61) Chairman, United States International Trade Commission." ^2) Section 5315 of such title is amended by striking out paragraph (24) and inserting in lieu thereof the following: "(24) Members, United States International Trade Commission." (3) Section* 5316 of such title is amended by striking out paragraph (93). SEC. 173. VOTING RECORD OF COMMISSIONERS. Section 332(g) of the Tariff Act of 1930 (31 U.S.C. 1332(g)) is amended— (1) by striking out "and" before "a summary", and (2) by inserting before the period at the end ", and a list of all votes taken by the commission during the year, showing those commissioners voting in the affirmative and the negative on each vote and those commissioners not voting on each vote and the reasons for not voting".

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SEC. 174. REPRESENTATION IN COURT PROCEEDINGS.

Section 333(c) of the Tariff Act of 1930 (19 U.S.C. 1333(c)) is amended— (1) by striking out "Upon application of the Attorney General of the United States, at'' in subsection (c) and inserting in lieu thereof "At", and (2) by adding at the end thereof the following new subsection: " (g) REPRESENTATION I N COURT PROCEEDINGS.—The Commission shall be represented in all judicial proceedings by attorneys who are employees of the commission or, at the request of the commission, by the Attorney General of the United States." SEC. 175. INDEPENDENT PRIATIONS.

BUDGET AND AUTHORIZATION

OF APPRO-

(a)(1) Effective with respect to the fiscal year beginning Octo- pendltur^'es^tnd" bei' 1, 1976, for purposes of the Budget and Accounting Act, 1921 (31 proposed approprili.S.C. 1 et seq.), estimated expenditures and proposed appropria- faJ°o^pre''s'ide'nt tions for the United States International Trade Commission shall be 19 USC 2232. transmitted to the President on or before October 15 of the year preceding the beginning of each fiscal year and shall be included by him in the Budget without revision, and the Commission shall not be considered to be a department or establishment for purposes of such Act. (2) Section 3679 of the Revised Statutes (31 U.S.C. 665) is amended by inserting "the United States International Trade Commission," before ", or the District of Columbia" each place it appears in subsections (d) and (g). (b) Section 330 of the Tariff Act of 1930 (19 U.S.C. 1330) is amended by adding at the end thereof the following new subsection: "(e) AUTHORIZATION OF APPROPRIATIONS.—For the fiscal year beginning October 1, 1976, and each fiscal year thereafter, there are authorized to be appropriated to the Commission only such sums as may hereafter be provided by law.". (c)(1) Paragraph (2) is enacted as an exercise of the rulemaking power of the Senate and with full I'ecognition of the constitutional right of the Senate to change its rules at any time. (2) Paragraph 6(a) of rule X VI of the Standing Rules of the Senate is amended by adding at the end of the table contained therein the following: "Committee on Finance For the International Trade Commission.".

TITLE II—RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION CHAPTER 1—IMPORT RELIEF SEC. 201. INVESTIGATION BY INTERNATIONAL TRADE COMMISSION.

^^ use 2251.

(a)(1) A petition for eligibility for import relief for the purpose ti(^'w'ifh°iTc^''' of facilitating orderly adjustment to import competition may be filed with the International Trade Commission (hereinafter in this chapter referred to as the "Commission") by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry. The petition shall include a statement describing the specific purposes for which import relief is being sought, which may include such objectives as facilitating the orderly transfer

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Investigation.

Economic factors.

"Substantial

PUBLIC LAW 93-618-jAN. 3, 1975

[88

STAT.

of resources to alternative uses and other means of adjustment to new conditions of competition. (2) Whenever a petition is filed under this subsection, the Commission shall transmit a copy thereof to the Special Representative for Trade Negotiations and the agencies directly concerned. (b)(1) Upon the request of the President or the Special Representative for Trade Negotiations, upon resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, upon its own motion, or upon the filing of a petition under subsection (a)(1), the Commission shall promptly make an investigation to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article. (2) I n making its determinations under paragraph (1), the Commission shall take into account all economic factors which it considers relevant, including (but not limited to)— (A) with respect to serious injury, the significant idling of productive facilities in the industry, the inability of a significant number of firms to operate at a reasonable level of profit, and significant unemployment or underemployment within the industry; (B) with respect to threat of serious injury, a decline in sales, a higher and growing inventory, and a downward trend in production, profits, wages, or employment (or increasing underemployment) in the domestic industry concerned; and (C) with respect to substantial cause, an increase in imports (either actual or relative to domestic production) and a decline in the proportion of the domestic market supplied by domestic producers. (3) For purposes of paragraph (1), in determining the domestic industry producing an article like or directly competitive with an imported article, the Commission— (A) may, in the case of a domestic producer which also imports, treat as part of such domestic industry only its domestic production, (B) may, in the case of a domestic producer which produces more than one article, treat as part of such domestic industry only that portion or subdivision of the producer which produces the like or directly competitive article, and (C) may, in the case of one or more domestic producers, who produce a like or directly competitive article in a major geographic area of the United States and whose production facilities in such area for such article constitute a substantial portion of the domestic industry in the United States and primarily serve the market in such area, and where the imports are concentrated in such area, treat as such domestic industry only that segment of the production located in such area. (4) For purposes of this section, the term "substantial cause" means a cause which is important and not less than any other cause. (5) I n the course of any proceeding under this subsection, the Commission shall, for the purpose of assisting the President in making his determinations under sections 202 and 203, investigate and report on efforts made by firms and workers in the industry to compete more effectively with imports.

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Increased im(6) I n the course of any proceeding under this subsection, the Com- ports. misision shall investigate any factors which in its judgment may be contributing to increased imports of the article uij.der investigation; and, whenever in the course of its investigation the Commission has reason to believe that the increased imports are attributable in part to circumstances which come within the purview of the Antidumping Act, 1921, section 303 or 337 of the Tariff Act of 1930, or other remedial 19 USC 160-171. 19 provisions of law, the Commission shall promptly notify the appro- 1337.u s e 1303, priate agency so that such action may be taken as is otherwise author- Notification. ized by such provisions of law. (c) In the course of any proceeding under subsection (b), the Com- Hearings. mission shall, after reasonable notice, hold public hearings and shall afford interested parties an opportunity to be present, to present evidence, and to be heard at such hearings. (d)(1) The Commission shall report to the President its findings Report to Presiunder subsection (b), and the basis therefor and shall include in each report any dissenting or separate views. If the Commission finds with respect to any article, as a result of its investigation, the serious injury or threat thereof described in subsection (b), it shall— (A) find the amount of the increase in, or imposition of, any duty or import restriction on such article which is necessary to prevent or remedy such injury, or (B) if it determines that adjustment assistance under chapters 2, 3, and 4 can effectively remedy such injury, recommend the provision of such assistance, and shall include such findings or recommendation in its report to the President. The Commission shall furnish to the President a transcript ^ Transcript of „

1

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I,- T.

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of the hearings and any brieis which were submitted m connection with each investigation. (2) The report of the Commission of its determination under subsection (b) shall be made at the earliest practicable time, but not later than 6 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the Commission shall also promptly make public such report (with the exception of information which the Commission determines to be confidential) and shall cause a summary thereof to be published in the Federal Eegister. (e) Except for good cause determined by the Commission to exist, no investigation for the purposes of this section shall be made with respect to the same subject matter as a previous investigation under this section, unless 1 year has elapsed since the Commission made its report to the President of the results of such previous investigation. (f)(1) Any investigation by the Commission under section 301(b) of the Trade Expansion Act of 1962 (as in effect before the date of the enactment of this Act) which is in progress immediately before such date of enactment shall be continued under this section in the same manner as if the investigation had been instituted originally under the provisions of this section. For purposes of subsection (d) (2), the petition for any investigation to which the preceding sentence applies shall be treated as having been filed, or the request or resolution as having been received or the motion having been adopted, as the case may be, on the date of the enactment of this Act. (2) If, on the date of the enactment of this Act, the President has not taken any action with respect to any report of the Commission containing an affirmative determination resulting from an investiga-

hearings and briefs,

transmittal to President.

Publication in ^"''"^' Register.

investigations,

contlnuation. ""* u s e ~" 19 1901.

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19 USC 2252.

Ante, pp. 1986, 1994, 1999.

19 USC 1330.

Publication in Federal Register. Publication in Federal R e g i s t e r.

Additional considerations.

PUBLIC LAW 93-618-JAN. 3, 1975

[88

STAT.

tion under section 301(b) of the Trade Expansion Act of 1962 (as in effect before the date of the enactment of this Act), such report shall be treated by the President as a report received by him under this section on the date of the enactment of this Act. SEC. 202, PRESIDENTIAL ACTION AFTER INVESTIGATIONS.

(a) After receiving a report from the Commission containing an affirmative finding under section 201(b) that increased imports have been a substantial cause of serious injury or the threat thereof with respect to an industry, the President— (1)(A) shall provide import relief for such industry pursuant to section 203, unless he determines that provision of such relief is not in the national economic interest of the United States, and (B) shall evaluate the extent to which adjustment assistance has been made available (or can be made available) under chapters 2, 3, and 4 of this title to the workers and firms in such industry and to the communities in which such workers and firms are located, and, after such evaluation, may direct the Secretary of Labor and the Secretary of Commerce that expeditious consideration be given to the petitions for adjustment assistance; or (2) if the Commission, under section 201(d), recommends the provision of adjustment assistance, shall direct the Secretaries of Labor and Commerce as described in paragraph (1)(B). (b) Within 60 days (30 days in the case of a supplemental report under subsection (d)) after receiving a report from the Commission containing an affirmative finding under section 201(b) (or a finding under section 201(b) which he considers to be an affirmative finding, by reason of section 330(d) of the Tariff Act of 1930, within such 60-day (or 30-day) period), the President shall— (1) determine what method and amount of import relief he will provide, or determine that the provision of such relief is not in the national economic interest of the United States, and whether he will direct expeditious consideration of adjustment assistance petitions, and publish in the Federal Register that, he has made such determination; or (2) if such report recommends the provision of adjustment assistance, publish in the Federal Register his order to the Secretary of Labor and Secretary of Commerce for expeditious consideration of petitions. (c) In determining whether to provide import relief and what method and amount of import relief he will provide pursuant to section 203, the President shall take into account, in addition to such other considerations as he may deem relevant— (1) information and advice from the Secretary of Labor on the extent to which workers in the industry have applied for, are receiving, or are likely to receive adjustment assistance under chapter 2 or benefits from other manpower programs; (2) information and advice from the Secretary of Commerce on the extent to which firms in the industry have applied for, are receiving, or are likely to receive adjustment assistance under chapters 3 and 4; (3) the probable effectiveness of import relief as a means to promote adjustment, the efforts being made or to be implemented by the industry concerned to adjust to import competition, and other considerations relative to the position of the industry in the Nation's economy;

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(4) the effect of impoit relief on consumers (including the price and availability of the imported article and the like or directly competitive article produced in the United States) and on competition in the domestic markets for such articles; (5) the effect of import relief on the international economic interests of the United States; (6) the impact on United States industries and firms as a consequence of any possible modification of duties or other import restrictions which may result from international obligations with respect to compensation; (7) the geographic concentration of imported products marketed in the United States; (8) the extent to which the United States market is the focal point for exports of such article by reason of restraints on exports of such article to, or on imports of such article into, third country markets; and (9) the economic and social costs which would be incurred by taxpayers, communities, and workers, if import relief were or were not provided. (d) The President may, within 15 days after the date on which difionarinfo°rml-' he receives an affirmative finding of the Commission under section tion. 201(b) with respect to an industry, request additional information from the Commission. The Commission shall, as soon as practicable but in no event more than 30 days after the date on which it receives the President's request, furnish additional information with respect to such industry in a supplemental report. SEC. 203. IMPORT R E L I E F.

19 USC 2253.

(a) If the President determines to provide import relief under section 202(a)(1), he shall, to the extent that and for such time (not to exceed 5 years) as he determines necessary taking into account the considerations specified in section 202(c) to prevent or remedy serious injury or the threat thereof to the industry in question and to facilitate the orderly adjustment to new competitive conditions by the industry in question—• (1) proclaim an increase in, or imposition of, any duty on the article causing or threatening to cause serious injury to such industry; (2) proclaim a tariff-rate quota on such article; (3) proclaim a modification of, or imposition of, any quantitative restriction on the import into the United States of such article; (4) negotiate orderly marketing agreements with foreign countries limiting the export from foreign countries and the import into the United States of such articles; or (5) take any combination of such actions. (b)(1) On the day on which the President proclaims import relief Documents, transmittal under this section or announces his intention to negotiate one or more congress to orderly marketing agreements, the President shall transmit to Congress a document setting forth the action he is taking under this section. If the action taken by the President differs from the action recommended to him by the Commission under section 201(b)(1)(A), he shall state the reason for such difference. (2) On the day on which the President determines that the provision of import relief is not in the national economic interest of the United States, the Piesident shall transmit to Congress a document setting forth such determination and the reasons why, in terms of the

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Quantitative restriction.

Marketing agreements.

"Import relief determination date."

19 USC 1202.

Post,

p. 2066.

[88 STAT.

national economic interest, he is not providing import relief and also what other steps he is taking, beyond adjustment assistance programs immediately available to help the industry to overcome serious injury and the workers to find productive employment. (c)(1) If the President reports under subsection (b) that he is taking action which differs from the action recommended by the Commission under section 201(b)(1)(A), or that he will not provide import relief, the action recommended by the Commission shall take effect (as provided in paragraph (2)) upon the adoption by both Houses of Congress (within the 90-day period following the date on which the document referred to in subsection (b) is transmitted to the Congress), by an affirmative vote of a majority of the Members of each House present and voting, of a concurrent resolution disapproving the ajction taken by the President or his determination not to provide import relief under section 202(a)(1)(A). (2) If the contingency set forth in paragraph (1) occurs, the President shall (within 30 days after the adoption of such resolution) proclaim the increase in, or imposition of, any duty or other import restriction on the article which Avas recommended by the Commission under section 201(b). (d)(1) No proclamation pursuant to subsection (a) or (c) shall be made increasing a rate of duty to (or imposing) a rate which is more than 50 percent ad valorem above the rate (if any) existing a t the time of the proclamation. (2) Any quantitative restriction proclaimed pursuant to subsection (a) or (c) and any orderly marketing agreement negotiated pursuant to subsection (a) shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period which the President determines is representative of imports of such article. (e)(1) Import relief under this section shall be proclaimed and take effect within 15 days after the import relief determination date unless the President announces on such date his intention to negotiate one or more orderly marketing agreements under subsection (a)(4) or (5) in which case import relief shall be proclaimed and take effect within 90 days after the import relief determination date. (2) If the President provides import relief under subsection (a) (1), (2), (3), or (5), he may, after such relief takes effect, negotiate orderly marketing agreements with foreign countries, and may, after such agreements take effect, suspend or terminate, in whole or in part, such import relief. (3) If the President negotiates an orderly marketing agreement under subsection (a)(4) or (5) and such agreement does not continue to be effective, he may, consistent with the limitations contained in subsection (h), provide import relief under subsection (a)(1), (2), (3), or (5). (4) For purposes of this subsection, the term "import relief determination date" means the date of the President's determination under section 202(b). (f)(1) For purposes of subsections (a) and (c), the suspension of item 806.30 or 807.00 of the Tariff Schedules of the United States with respect to an article shall be treated as an increase in duty. (2) For purposes of subsections (a) and (c), the suspension of the designation of any article as an eligible article for purposes of title V shall be treated as an increase in duty.

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(3) No proclamation providing for a suspension referred to in paragraph (1) with respect to any article shall be made under subsection (a) or (c) unless the Commission, in addition to making an affirmative determination with respect to such article under section 201(b), determines in the course of its investigation under section 201(b) that the serious injury (or threat thereof) substantially caused by imports to the domestic industry producing a like or directly competitive article results from the application of item 806.30 or item 807.00. (4) No proclamation which provides solely for a suspension referred to in paragraph (2) with respect to any article shall be made under subsection (a) or (c) unless the Commission, in addition to making an affirmative determination with respect to such article under section 201(b), determines in the course of its investif>:ation under section 201(b) that the serious injury (or threat thereof) substantially caused by imports to the domestic industry producing a like or directly competitive article results from the des'flrnation of the article as an eligible article for the purposes of title V. ^°®f' P- ^oee. (g)(1) The President shall by regulations provide for the efficient Regulations;. and fair administration of any quantitative restriction proclaimed pursuant to subsection (a)(3) or (c). (2) In order to carry out an agreement concluded under subsection (a)(4), (a)(5), or (e)(2), the President is authorized to prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. In addition, in order to carry out any agreement concluded under subsection (a)(4), (a)(5), or (e)(2) with one or more countries accounting for a major part of United States imports of the article covered by such agreements, including imports into a major geographic area of the United S'ates, the President is authorized to issue regulations governing the entry or withdrawal from warehouse of like articles which are the product of countries not parties to such agreement. (3) Regulations prescribed under this subsection shall, to the extent practicable and consistent with efficient and fair administration, insure against inequitable sharing of imports by a relatively small number of the larger importers. (h)(1) Any import relief provided pursuant to this section shall, import relief, unless renewed pursuant to paragraph (3), terminate no later than t^"""'"^"""the close of the day which is 5 years after the day on which import relief with respect to the article in question first took effect pursuant to this section. (2) To the extent feasible, any import relief provided pursuant to this section for a period of more than 3 years shall be phased down during the period of such relief, with the first reduction of relief taking effect no later than the close of the day which is 3 years after the day on which such relief first took effect. (3) Any import relief provided pursuant to this section or section 351 or 352 of the Trade Expansion Act of 1962 may be extended by the 19 USC 1981, President, at a level of relief no greater than the level in effect ^^^^" immediately before such extension, for one 3-year period if the President determines, after taking into account the advice received from the Commission under subsection (i)(2) and after taking into account the considerations described in section 202(c), that such extension is ^"'e- p- 2014. in the national interest.

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text:
Author:Hugh Alexander Webster

Works

 * (ed.) Scottish Geographical Magazine

Contributions to EB1911

 * (in part)

title: Author:Hugh Alexander Webster


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[88 STAT.

(4) Any import relief provided pursuant to this section may be reduced or terminated by the President when he determines, after taking into account the advice received from the Commission under subsection (i)(2) and after seeking advice of the Secretary of Commerce and the Secretary of Labor, that such reduction or termination is in the national interest. (5) For purposes of this subsection and subsection (i), the import relief provided in the case of an orderly marketing agreement shall be the level of relief contemplated by such agreement. Review of de(i)(l) So loug as any import relief provided pursuant to this ponsTo'pre's'i^" section or section 351 or 352 of the Trade Expansion Act of 1962 dent. remains in effect, the Commission shall keep under review develop1982. ' ments with respect to the industry concerned (including the progress and specific eiforts made by the firms in the industry concerned to adjust to import competition) and upon request of the President shall make reports to the President concerning such developments. (2) Upon request of the President or upon its own motion, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of the extension, reduction, or termination of the import relief provided pursuant to this section. (3) Upon petition on behalf of the industry concerned, filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any import relief provided pursuant to this section or section 351 or 352 of the Trade Expansion Act of 1962 is to terminate by reason of the expiration of the initial period therefor, the Commission shall advise the President of its judgment as to the probable economic effect on such industry of such termination. (4) In advising the President under paragraph (2) or (3) as to the probable economic effect on the industry concerned, the Commission shall take into account all economic factors which it considers relevant, including the considerations set forth in section 202(c) and the progress and specific efforts made by the industry concerned to adjust to import competition. "^^""8(5) Advice by the Commission under paragraph (2) or (3) shall be given on the basis of an investigation during the course of which the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard. (j) No investigation for the purposes of section 201 shall be made with respect to an article which has received import relief under this section unless 2 years have elapsed since the last day on which import relief was provided with respect to such article pursuant to this section, (k)(1) Actions by the President pursuant to this section may be Ante, p. 1992. ^^g^\^QJ^ wlthout regard to the provisions of section 126(a) of this Act but only after consideration of the relation of such actions to the international obligations of the United States. Geographic (2) If the Commlsslou treats as the domestic industry production dom'el'tirpr°o'duc- locatcd lu a major geographic area of the United States under section tion. 2 0 1 (b)(3)(C), then the President shall take into account the geographic concentration of domestic production and of imports in that area in providing import relief, if any, which may include actions authorized under paragraph (1).

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CHAPTER 2—ADJUSTMENT ASSISTANCE FOR WORKERS Subchapter A—Petitions and Determinations SEC. 221. PETITIONS.

(a) A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary of Labor (hereinafter in this chapter referred to as the "Secretary") by a group of workers 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 Kegister that he has received the petition and initiated an investigation. (b) 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. 222. GROUP ELIGIBILITY REQUIREMENTS.

The Secretary shall certify a group of workers as eligible to apply for adjustment assistance under this chapter if he 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 increases of imports of articles like or directly competitive with articles produced by such workers' firm or an appropriate subdivision thereof contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production. For purposes of paragraph (3), the term "contributed importantly" means a cause which is important but not necessarily more important than any other cause. SEC. 223. DETERMINATIONS BY SECRETARY OF LABOR.

(a) As soon as possible after the date on which a petition is filed under section 221, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 222 and shall issue a certification of eligibility to apply for assistance under this chapter covering workers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin. (b) A certification under this section shall not apply to any worker whose last total or partial separation from the firm or appropriate subdivision of the firm before his application under section 231 occurred— (1) more than one year before the date of the petition on which such certification was granted, or (2) more than 6 months before the effective date of this chapter.

19 USC 2271.

P u b l i c a t i o n in Federal Register. Hearing.

19 USC 2272.

"contributed importantly."

19 USC 2273. e e r t i f i c a t i o n of eligibility.

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P u b l i c a t i o n in Federal Register.

19 USC 2274.

Report to P r e s ident. Publication in Federal Register.

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(c) Upon reaching his determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register together with his reasons for making such determination. (d) Whenever the Secretary determines, with respect to any certification of eligibility of the workers of a firm or subdivision of the firm, that total or partial separations from such firm or subdivision are no longer attributable to the conditions specified in section 222, he shall terminate such certification and promptly have notice of such termination published in the Federal Register together with his reasons for making such determination. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Secretary. SEC. 224. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION; ACTION WHERE THERE IS AFFIRMATIVE FINDING.

(a) AVhenever the International Trade Commission (hereafter referred to in this chapter as the "Commission") begins an investigation under section 201 with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of— (1) the number of workers in the domestic industry producing the like or directly competitivejarticle who have been or are likely to be certified as eligible for adjustment assistance, and (2) the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing programs. (b) The report of the Secretary of the study under subsection (a) shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 201. Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determmes to be confidential) and shall have a summary of it published in the Federal Register. (c) Whenever the Commission makes an affirmative finding under section 201(b) that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the workers in^such industry about programs which may facilitate the adjustment to import competition of such workers, and he shall provide assistance in the preparation and processing of petitions and applications of such workers for program benefits.

Subchapter B—Program Benefits PART I—TRADE READJUSTMENT ALLOWANCES 19 USC 2291.

SEC. 231. QUALIFYING REQUIREMENTS FOR WORKERS.

Payment of a trade readjustment allowance shall be made to an adversely affected worker covered by a certification under subchapter A who files an application for such allowance for any week of unemployment which begins after the date specified in such certification pursuant to section 223(a), if the following conditions are met: (1) Such worker's last total or partial separation before his application under this chapter, occurred—

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(A) on or after the date, as specified in the certification under which he is covered, on which total or partial separation began or threatened to begin in the adversely affected employment, and (B) before the expiration of the 2-year period beginning on the date on which the determination under section 223 was made, and (C) before the termination date (if any) determined pursuant to section 223(d); and (2) Such worker had, in the 52 weeks immediately preceding such total or partial separation, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single firm or subdivision of a firm, or, if data with respect to weeks of employment are not available, equivalent amounts of employment computed under regulations prescribed by the Secretary. SEC. 232. WEEKLY AMOUNTS.

(a) Subject to the other provisions of this section, the trade readjustment allowance payable to an adversely affected worker for a week of unemployment shall be— (1) 70 percent of his average weekly wage (but not in excess of the average weekly manufacturing wage), reduced by (2) 50 percent of the amount of the remuneration for services performed during such week, (b) Any adversely affected worker who is entitled to trade readjustment allowances and who is undergoing training approved by the Secretary, including on-the-job training, shall receive for each week in which he is undergoing any such training, a trade readjustment allowance in an amount (computed for such week) equal to the amount computed under subsection (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such trade readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other Federal law. (c) The amount of trade readjustment allowance payable to an adversely affected worker under subsection (a) for any we-ek shall be reduced by any amount of unemployment insurance which he receives, or which he would receive if he applied for such insurance, with respect to such week; but, if the appropriate State or Federal agency finally determines that the worker was not entitled to unemployment insurance with respect to such week, the reduction shall not apply with respect to such week. (d) If unemployment insurance, or a training allowance under any Federal law, is paid to an adversely affected worker for any week of unemployment with respect to which he would be entitled (determined without regard to subsection (c) or (e) or to any disqualification under section 236(c)) to a trade readjustment allowance if he applied for such allowance, each such week shall be deducted from the total number of weeks of trade readjustment allowance otherwise payable to him under section 233(a) when he applies for a trade readjustment allowance and is determined to be entitled to such allowance. If the unemployment insurance or the training allowance paid to such worker for any week of unemployment is less than the amount of the trade readjustment allowance to which he would be entitled if he applied for such allowance, he shall receive, when he applies for a

38-194 O - 76 - 45 Pt. 2

19 USC 2292.

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19 USC 2293.

19 USC 2294.

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trade readjustment allowance and is determined to be entitled to such allowance, a trade readjustment allowance for such week equal to such difference. (e) Whenever, with respect to any week of unemployment, the total amount payable to an adversely affected worker as remuneration for services performed during such week, as unemployment insurance, as a training allowance referred to in subsection (d), and as a trade readjustment allowance exceeds 80 percent of his average weekly wage (or, if lesser, 130 percent of the average weekly manufacturing wage), then his trade readjustment allowance for such week shall be reduced by the amount of such excess. (f) The amount of any weekly payment to be made under this section which is not a whole dollar amount shall be rounded upward to the next higher whole dollar amount. SEC. 233. TIME LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES. (a) Payment of trade readjustment allowances shall not be made to an adversely affected worker for more than 52 weeks, except that, in accordance with regulations prescribed by the Secretary— (1) such payments may be made for not more than 26 additional weeks "to an adversely affected worker to assist him to complete training approved by the Secretary, or (2) such payments shall be made for not more than 26 additional weeks to an adversely affected worker who had reached his 60th birthday on or before the date of total or partial separation. I n no case may an adversely aft'ected worker be paid trade readjustment allowances for more than 78 weeks. (b)(1) Except for a payment made for an additional week under subsection (a)(1) or (a)(2), a trade readjustment allowance may not be paid for a week of unemployment beginning more than 2 years after the beginning of the appropriate week. (2) A trade readjustment allowance may not be paid for an additional week specified in subsection (a)(1) if the adversely affected worker who would receive such allowance did not make a bona fide application to a training program approved by the Secretary within 180 days after the end of the appropriate week or the date of his first certification of eligibility to apply for adjustment assistance issued by the Secretary, whichever is later. (3) A trade readjustment allowance may not be paid for an additional week specified in subsection (a) if such additional week begins more than 3 years after the beginning of the appropriate week. (4) For purposes of this subsection, the appropriate week— (A) for a totally separated worker is the week of his most recent total separation, and (B) for a partially separated worker is the first week for which he receives a trade readjustment allowance following his most recent partial separation. SEC. 234. APPLICATION OF STATE LAWS. Except where inconsistent with the provisions of this chapter and subject to such regulations as the Secretary may prescribe, the availability and disqualification provisions of the State law— (1) under which an adversely affected worker is entitled to unemployment insurance (whether or not he has filed a claim for such insurance), or

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(2) if he is not so entitled to unemployment insurance, of the State in which he was totally or partially separa,ted, shall apply to any such worker who files a claim for trade readjustment allowances. The State law so determined with respect to a separation of a worker shall remain applicable, for purposes of the preceding sentence, with respect to such separation until such worker becomes entitled to unemployment insurance under another State law (whether or not he has filed a claim for such insurance).

PART II—TRAINING AND RELATED SERVICES SEC. 235. EMPLOYMENT SERVICES.

The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subchapter A of this chapter counseling, testing, and placement services, and supportive and other services, provided for under any other Federal law. The Secretary shall, whenever appropriate, procure such services through agreements with cooperating State agencies. SEC. 236. TRAINING.

(a) If the Secretary determines that there is no suitable employment available for an adversely affected worker covered by a certification under subchapter A of this chapter, but that suitable employment (which may include technical and professional employment) would be available if the worker received appropriate training, he may approve such training. Insofar as possible, the Secretary shall provide or assure the provision of such training on the job. (b) The Secretary may, where appropriate, authorize supplemental assistance necessary to defray transportation and subsistence expenses for separate maintenance when training is provided in facilities which are not within commuting distance of a worker's regular place of residence. The Secretary shall not authorize payments for subsistence exceeding $15 per day; nor shall he authorize payments for transportation expenses exceeding 12 cents per mile. (c) Any adversely affected worker who, without good cause, refuses to accept or continue, or fails to make satisfactory progress in, suitable training to which he has been referred by the Secretary shall not thereafter be entitled to payments under this chapter until he enters or resumes the trainino; to which he has been so referred.

19 USC 2295.

Ante, p. 2019.

19 USC 2296.

Supplemental assistance.

Limitations.

PART III—JOB SEARCH A N D RELOCATION ALLOWANCES SEC. 237. JOB SEARCH ALLOWANCES.

(a) Any adversely affected worker covered by a certification under subchapter A of this chapter who has been totally separated may file an application with the Secretary for a job search allowance. Such allowance, if granted, ^hall provide reimbursement to the worker of 80 percent of the cost of his necessary job search expenses as prescribed by regulations of the Secretary; except that such reimbursement may not exceed $500 for any worker. (b) A job search allowance may be granted only— (1) to assist an adversely affected worker in securing a job within the United States; (2) where the Secretary determines that such worker cannot reasonably be expected to secure suitable employment in the commuting area in which he resides; and

19 USC 2297.

Limitation. Conditions.

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(3) where the worker has filed an application for such allowance with the Secretary no later than 1 year after the date of his last total separation before his application under this chapter or (in the case of a worker who has been referred to training by the Secretary) within a reasonable period of time after the conclusion of such training period. 19 USC 2298. Ante, p. 2019.

Conditions.

"Relocation allowance."

SEC. 238. RELOCATION ALLOWANCES.

(a) Any adversely affected worker covered by a certification under subchapter A of this chapter who has been totally separated may file an application with the Secretary for a relocation allowance, subject to the terms and conditions of this section. (b) A relocation allowance may be granted only to assist an adversely affected worker in relocating within the United States and only if the Secretary determines that such worker cannot reasonably be expected to secure suitable employment in the commuting area in which he resides and that such worker— (1) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which he wishes to relocate, or (2) has obtained a bona fide offer of such employment. (c) A relocation allowance shall not be granted to such worker unless— (1) for the week in which the application for such allowance is filed, he is entitled to a trade readjustment allowance (determined without regard to section 232(c) and (e)) or would be so entitled (determined without regard to whether he filed application therefor) but for the the fact that he has obtained the employment referred to in subsection (b)(1), and (2) such relocation occurs within a reasonable period after the filing of such application or (in the case of a worker who has been referred to training by the Secretary) within a reasonable period after the conclusion of such training. Under regulations prescribed by the Secretary, a relocation allowance shall not be granted to more than one member of the family with respect to the same relocation. (d) For the purposes of this section, the term "relocation allowance" means—• (1) 80 percent of the reasonable and necessary expenses, as specified in regulations prescribed by the Secretary, incurred in transporting a worker and his family, if any, and household effects, and (2) a lump sum equivalent to three times the worker's average weekly wage, up to a maximum payment of $500.

Subchapter C—General Provisions 19 USC 2311.

SEC. 239. AGREEMENTS WITH STATES.

(a) The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this subchapter as "cooperating States" and "cooperating States agencies" respectively). Under such an agreement, the cooperating State agency (1) as agent of the United States, will receive applications for, and will provide, payments on the basis provided in this chapter, (2) where appropriate, will afford adversely affected workers who apply for payments under this chapter testing, counsel-

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ing, referral to training, and placement services, and (3) will otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this chapter. (b) Each agreement under this subchapter shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated. (c) Each agreement under this subchapter shall provide that unemployment insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to payments under this chapter. (d) A determination by a cooperating State agency with respect to entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent. (e) Section 3302(c) of the Internal Revenue Code of 1954 (relating to credits against Federal unemployment tax) is amended by inserting after paragraph (3) the following new paragraph: "(4) If the Secretary of Labor determines that a State, or State agency, has not— " (A) entered into the agreement described in section 239 of the Trade Act of 1974, with the Secretary of Labor before July 1, 1975, or " (B) fulfilled its commitments under an agreement with the Secretary of Labor as described in section 239 of the Trade Act of 1974, then, in the case of a taxpayer subject to the unemployment compensation law of such State, the total credits (after applying subsections (a) and (b) and paragraphs (1), (2), and (3) of this section) otherwise allowable under this section for a year during which such State or agency does not enter into or fulfill such an agreement shall be reduced by 15 percent of the tax imposed with respect to wages paid by such taxpayer during such year which are attributable to such State.". SEC. 240. ADMINISTRATION ABSENT STATE AGREEMENT.

(a) In any State where there is no agreement in force between a State or its agency under section 239, the Secretary shall arrange under regulations prescribed by him for performance of all necessary functions under subchapter B of this chapter, including provision for a fair hearing for any worker whose application for payments is denied. (b) A final determination under subsection (a) with respect to entitlement to program benefits under subchapter B of this chapter is subject to review by the courts in the same manner and to the same extent as is provided by section 205(g) of the Social Security Act (42 U.S.C. sec. 405(g)). SEC. 241. PAYMENTS TO STATES.

(a) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each cooperating State the sums necessary to enable such State as agent of the United States to make payments provided for by this chapter. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payment to the State from the Adjustment Assistance Trust Fund established in section 245 in accordance with such certification.

Terms and conditions. Unemployment insurance.

Entitlement to benefits, review.

26 USC 3302.

Ante,

p. 2024.

19 USC 2312. Hearing.

Ante,

p. 2020.

J u d i c i a l review.

19 USC 2313.

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(b) All money paid a State under this section shall be used solely for the purposes for which it is paid; and money so paid which is not used for such purposes shall be returned, at the time specified in the agreement under this subchapter, to the Secretary of the Treasury and credited to Adjustment Assistance Trust Fund. ^ Surety bond to ^(.^ ^j^y agreement under this subchapter may require any officer or employee of the State certifying payments or disbursing funds under the agreement or otherwise participating in the performance of the agreement, to give a surety bond to the United States in such amount as the Secretary may deem necessary, and may provide for the payment of the cost of such bond from funds for carrying out the purposes of this chapter. 19 USC 2314. SEC. 242. LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS. (a) No person designated by the Secretary, or designated pursuant to an agreement under this subchapter, as a certifving officer, shall, in the absence of gross negligence or intent to defraud the United States, be lia;ble with respect to any payment certified by him under this chapter. (b) No disbursing officer shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment by him under this chapter if it was based upon a voucher signed by a certifying officer designated as provided in subsection (a). 19 USC 2315. SEC. 243. RECOVERY OF OVERPAYMENTS. (a) If a cooperating State agency or the Secretary, or a court of competent jurisdiction finds that any person— (1) has made or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or has knowingly failed or caused another to fail to disclose a material fact; and (2) as a result of such action has received any payment under this chapter to which he was not entitled, such person shall be liable to repay such amount to the State agency or the Secretary as the case may be, or either may recover such amount by deductions from any sums payable to such person under this chapter. Any such finding by a State agency or the Secretary may be made only after an opportunity for a fair hearing. (b) Any amount repaid to a State agency under this section shall be deposited into the fund from which payment was made. Any amount repaid to the Secretary under this section shall be returned to the Secretary of the Treasury and credited to the Adjustment Assistance Trust Fund. 19 USC 2316. SEC. 244. PENALTIES. Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this chapter or pursuant to an agreement under section 239 shall be fined not more than $1,000 or imprisoned for not more than one year, or both. 19 USC 2317. SEC. 245. CREATION OF TRUST FUND; AUTHORIZATION OF APPROPRIATIONS OUT OF CUSTOMS RECEIPTS. siftl^ceTmsf ^ (^) There is hereby established on the books of the Treasury of Fund. the United States a trust fund to be known as the "Adjustment AssistEstablishment. QJT^^ Trust F u n d " (referred to in this section as the "Trust F u n d ").

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The Trust Fund shall consist of such amounts as may be deposited in it pursuant to the authorization contained in subsection (b). Amounts in the Trust Fund may be used only to carry out the provisions of this chapter (including; administrative costs). The Secretary of the A

-t

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Treasury shall be the trustee of the Trust Fund and shall report to the Congress not later than March 1 of each year on the operation and status of the Trust Fund during the preceding fiscal year. (b)(1) There are hereby authorized to be appropriated to the Trust Fund, out of amounts in the general fund of the Treasury attributable to the collections of customs duties not otherwise appropriated, for each fiscal year ending after the date of the enactment of this Act, such siuns as may be necessary to carry out the provisions of this chapter (including administrative costs). (2) There are authorized to be appropriated to the Trust Fund, for purposes of training (including administrative costs) underNgection 236 such sums as may be necessary. SEC. 246. TRANSITIONAL PROVISIONS.

Report to conEre s s

Appropriations.

19 USC 2318.

(a) Where a group of workers has been certified as eligible to apply ^^ ^*^ appu.^f'^ for adjustment assistance under section 302(b)(2) or (c) of the Trade Expansion Act of 1962, any worker who has not had an application for ^^ "^^ ^^o^trade readjustment allowances under section 322 of that Act denied ^^ ^^^ ^^'*^before the effective date of this chapter may apply under section 231 of Ante, p. 2020. this Act as if the group certification under which he claims coverage had been made under subchapter A of this chapter. (b) I n any case where a group of workers or their certified or recognized union or other duly authorized representative has filed a petition 19 USC 1901. under section 301(a)(2) of the Trade Expansion Act of 1962, more than 4 months before the effective date of this chapter and (1) the Commission has not rejected such petition before the effective date of this chapter, and (2) the President or his delegate has not issued a certification under section 302(c) of that Act to the petitioning group before the effective date of this chapter, such group or representative thereof may file a new petition under section 221 of this Act, not later than 90 days after the effective date of this chapter. For purposes of section 223(b)(1), the date on which such group or representative filed the petition under the Trade Expansion 19 USC 1801 Act of 1962 shall apply. Section 223(b)(2) shall not apply to workers note. covered by a certification issued pursuant to a petition meeting the requirements of this subsection. (c) A group of workers may file a petition under section 221 covering weeks of unemployment (as defined in the Trade Expansion Act of 1962) beginning before the effective date of this chapter, or covering such weeks and also weeks of unemployment beginning on or after the effective date of this chapter. (d) Any worker receiving payments pursuant to this section shall be entitled— (1) for weeks of unemployment (as defined in the Trade Expansion Act of 1962) beginning before the effective date of this chapter, to the rights and privileges provided in chapter 3 of title III of such Act, and 19 USC 1931. (2) for weeks of unemployment beginning on or after the effective date of this chapter, to the rights and privileges provided in this chapter, except that the total number of weeks of unemployment, as defined in the Trade Expansion Act of 1962, for which trade readjustment allowances were payable under that

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19 USC 1902. 19 USC 2319.

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Act shall be deducted from the total number of weeks of unemployment for which an adversely affected worker is eligible for trade readjustment allowances under this chapter, (e) The Commission shall make available to the Secretary on request data it has acquired in investigations under section 301 of the Trade Expansion Act of 1962 concluded within the 2-year period ending on the effective date of this chapter which did not result in Presidential action under section 302(a)(3) or 302(c) of that Act. gEc 247. DEFINITIONS. For purposes of this chapter— (1) The term "adversely affected employment" means employment in a firm or appropriate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for adjustment assistance under this chapter. (2) The term "adversely affected worker" means an individual who, because of lack of work in adversely affected employment— (A) has been totally or partially separated from such employment, or (B) has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists. (3) The term "average weekly manufacturing wage" means the national gross average weekly earnings of production workers in manufacturing industries for the latest calendar year (as officially published annually by the Bureau of Labor Statistics of the Department of Labor) most recently published before the period for which the assistance under this chapter is furnished. (4) The term "average weekly wage" means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individual's total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary. (5) The term "average weekly hours" means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4). (6) The term "partial separation" means, with respect to an individual who has not been totally separated, that he has had— (A) his hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment, and (B) his wages reduced to 80 percent or less of his average weekly wage in such adversely affexjted employment. (7) The term "remuneration" means wages and net earnings derived from services performed as a self-employed individual. (8) The term "State" includes the District of Columbia and the Commonwealth of Puerto Rico; and the term "United States" when used in the geographical sense includes such Commonwealth. (9) The term "State agency" means the agency of the State which administers the State law.

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(10) The term "State law'' means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1954. (11) The term "total separation" means the layoff or severance of an individual from employment with a firm in which, or in a subdivision of which, adversely affected employment exists. (12) The term "unemployment insurance" means the unemployment insurance payable to an individual under any State law or Federal unemployment insurance law, including chapter 85 of title 5, United States Code, and the Railroad Unemployment Insurance Act. (13) The term "week" means a week as defined in the applicable State law. (14) The term "week of unemployment" means with respect to an individual any week for which his remuneration for services performed during such week is less than 80 percent of his average weekly wage and in which, because of lack of work— (A) if he has been totally separated, he worked less than the full-time week (excluding overtime) in his current occupation, or (B) if he has been partially separated, he worked 80 percent or less of his average weekly hours. SEC. 248. REGULATIONS.

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^e use 3304.

s use ssoi. 45 USC 367.

i^ use 2320.

The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this chapter. SEC. 249. SUBPENA POWER.

19 USC 2321.

(a) The Secretary may require by subpena the attendance of witnesses and the production of evidence necessary for him to make a determination under the provisions of this chapter. (b) If a person refuses to obey a subpena issued under subsection (a), a United States district court within the jurisdiction of which the relevant proceeding under this chapter is conducted may, upon petition by the Secretary, issue an order requiring compliance with such subpena. SEC. 250. JUDICIAL REVIEW.

(a) A worker, group of workers, certified or recognized union, or an authorized representative of such worker or group, aggrieved by a final determination by the Secretary under the provisions of section 223 may, within 60 days after notice of such determination, file a petition for review of such determination with the United States court of appeals for the circuit in which such worker or group is located or in the United States Court of Appeals for the District of Columbia Circuit. The clerk of such court shall send a copy of such petition to the Secretary. Upon receiving such petition, the Secretary shall promptly certify and file in such court the record on which he based such determination. (b) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

19 USC 2322.

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(c) The court shall have jurisdiction to aiRrm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.

CHAPTER 3—ADJUSTMENT ASSISTANCE FOR FIRMS 19 USC 2341.

P u b l i c a t i o n in Federal Register.

"Contributed importantly."

19 USC 2342. Filing of application.

Approval conditions.

SEC. 251. PETITIONS AND DETERMINATIONS.

(a) A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary of Commerce (hereinafter in this chapter referred to as the "Secretary") by a firm or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation. (b) If the petitioner, or any other person, organization, or group 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. (c) The Secretary shall certify a firm as eligible to apply for adjustment assistance under this chapter if he determines— (1) that a significant number or proportion of the workers in such 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 have decreased absolutely, and (3) that increases of imports of articles like or directly competitive with articles produced by such firm contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production. For purposes of paragraph (3), the term "contributed importantly" means a cause which is important but not necessarily more important than any other cause. (d) A determination shall be made by the Secretary as soon as possible after the date on which the petition is filed under this section, but in any event not later than 60 days after that date. SEC. 252. APPROVAL OF ADJUSTMENT PROPOSALS. (a) A firm certified under section 251 as eligible to apply for adjustment assistance may, at any time within 2 years after the date of such certification, file an application with the Secretary for adjustment assistance under this chapter. Such application shall include a proposal for the economic adjustment of such firm. (b)(1) Adjustment assistance under this chapter consists of technical assistance and financial assistance, which may be furnished singly or in combination. The Secretary shall approve a firm's application for adjustment assis^^ance only if he determines— (A) that the firm has no reasonable access to financing through the private capital market, and (B) that the firm's adjustment proposal— (i) is reasonably calculated materially to contribute to the economic adjustment of the firm,

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(ii) gives adequate consideration to the interests of the workers of such firm, and (iii) demonstrates that the firm will make all reasonable efforts to use its own resources for economic development. (2) The Secretary shall make a determination as soon as possible after the date on which an application is filed under this section, but in no event later than 60 days after such date. (c) In order to assist a firm which has been certified as eligible to apply for adjustment assistance under this chapter in preparing a viable adjustment proposal, the Secretary may furnish technical assistance to such firm. (d) Whenever the Secretary determines that any firm no longer requires assistance under this chapter, he shall terminate the certification of eligibility of such firm and promptly have notice of such termination published in the Federal Register, Such termination shall take effect on the termination date specified by the Secretary. SEC. 253. TECHNICAL ASSISTANCE. (a) The technical assistance furnished under this chapter shall consist of— (1) assistance to the firm in developing a proposal for its economic adjustment, (2) assistance in the implementation of such a proposal, or (3) both. (b) The Secretary may provide to a firm certified under section 251, on such terms and conditions as he determines to be appropriate, such technical assistance as in his judgment will carry out the purposes of this chapter with respect to such firm. (c) The Secretary shall furnish technical assistance under this chapter through existing agencies and through private individuals, firms, and institutions. In the case of assistance furnished through private individuals, firms, and institutions (including private consulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost may be borne by the United States). SEC. 254. FINANCIAL ASSISTANCE. (a) The Secretary may provide to a firm, on such terms and conditions as he determines to be appropriate, such financial assistance in the form of direct loans or guarantees of loans as in his judgment will materially contribute to the economic adjustment of the firm. The assumption of an outstanding indebtedness of the firm, with or without recourse, shall be considered to be the making of a loan for purposes of this section. (b) Loans or guarantees of loans shall be made under this chapter only for the purpose of making funds available to the firm— (1) for acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery, or (2) to supply such working capital as may be necessary to enable the firm to implement its adjustment proposal. (c) To the extent that loan funds can be obtained from private sources (with or without a guarantee) at the rate provided in the first sentence of section 255(b), no direct loan shall be provided to a firm under this chapter. SEC. 255. CONDITIONS FOR FINANCIAL ASSISTANCE. (a) No financial assistance shall be provided under this chapter unless the Secretary determines—

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Technical assistance.

Termination; publication in Federal R e g i s t e r.

19 USC 2343.

Terms and conditions.

19 USC 2344. Terms and conditions.

Direct l o a n s, restriction.

19 USC 2345.

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Interest rate.

Maturities, limitation.

Priority. 15 USC 631 note.

Operating re-

Limitations.

19 USC 2346.

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(1) that the funds required are not available from the firm's own resources; and (2) that there is reasonable assurance of repayment of the loan. (b) The rate of interest on loans which are guaranteed under this chapter shall be no higher than the maximum interest per annum that a participating financial institution may establish on guaranteed loans made pursuant to section 7(a) of the Small Business Act (15 TJ.S.C. 636(a)). The rate of interest on direct loans made under this chapter shall be (i) a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity that are comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 percent, plus (ii) an amount adequate in the judgment of the Secretary to cover administrative costs and probable losses under the program. (c) The Secretary shall make no loan or guarantee of a loan having a maturity in excess of 25 years, including renewals and extensions. Such limitation on maturities shall not, however, apply— (1) to securities or obligations received by the Secretary as claimant in bankruptcy or equitable reorganization, or as creditor in other proceedings attendant upon insolvency of the obligor, or (2) to an extension or renewal for an additional period not exceeding 10 years, if the Secretary determines that such extension or renewal is reasonably necessary for the orderly liquidation of the loan. (d) In making guarantees of loans, and in making direct loans, the Secretary shall give priority to firms which are small within the meaning of the Small Business Act (and regulations promulgated thereunder). (e) No loan shall be guaranteed by the Secretary in an amount which exceeds 90 percent of the balance of the loan outstanding. (f) The Secretary shall maintain operating reserves with respect to anticipated claims under guarantees made under this chapter. Such reserves shall be considered to constitute obligations for purposes of section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C. 200). (g) The Secretary may charge a fee to a lender which makes a loan guaranteed under this chapter in such amount as is necessary to cover the cost of administration of such guarantee. (h)(1) The aggregate amount of loans made to any firm which are guaranteed under this chapter and which are outstanding at any time shall not exceed $3,000,000. (2) The aggregate amount of direct loans made to any firm under this chapter which are outstanding at any time shall not exceed $1,000,000. SEC. 256. DELEGATION OF FUNCTIONS TO SMALL BUSINESS ADMINISTRATION; AUTHORIZATION OF APPROPRIATIONS.

(a) I n the case of any firm which is small (within the meaning of the Small Business Act and regulations promulgated thereunder), the Secretary may delegate all of his functions under this chapter (other than the functions under sections 251 and 252(d) with respect to the certification of eligibility and section 264) to the Administrator of the Small Business Administration. (b) There are hereby authorized to be appropriated to the Secretary such sums as may be necessary from time to time to carry out his

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functions under this chapter in connection with furnishing adjustment assistance to firms, which sums are authorized to be appropriated to remain available until expended. (c) The unexpended balances of appropriations authorized by section 312(d) of the Trade Expansion Act of 1962 are transferred to the Secretary to carry out his functions under this chapter. SEC. 257. ADMINISTRATION OF FINANCIAL ASSISTANCE. (a) I n making and administering guarantees and loans under section 254, the Secretary may— (1) require security for any such guarantee or loan, and eniorce, waive, or subordinate such security; (2) assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with such guarantees or loans, and collect, compromise, and obtain deficiency judgments with respect to all obligations assigned to or held by him in connection with such guarantees or loans until such time as such obligations may be referred to the Attorney General for suit or collection; (3) renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be i/easonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans; (4) acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such purposes; and (5) exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pursuant to section 254. (b) Any mortgage acquired as security under subsection (a) shall be recorded under applicable State law. (c) All repayments of loans, payments of interest, and other receipts arising out of transactions entered into by the Secretary pursuant to this chapter, shall be available for financing functions performed under this chapter, including administrative expenses in connection with such functions. SEC. 258. PROTECTIVE PROVISIONS. (a) Each recipient of adjustment assistance under this chapter shall keep records which fully disclose the amount and disposition by such recipient of the proceeds, if any, of such adjustment assistance, and which will facilitate an effective audit. The recipient shall also keep such other records as the Secretary may prescribe. (b) The Secretary and the Comptroller General of the United States shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient pertaining to adjustment assistance under this chapter. (c) No adjustment assistance under this chapter shall be extended to any firm unless the owners, partners, or officers certify to the Secretary— (1) the names of any attorneys, agents, and other persons engaged by or on behalf of the firm for the purpose of expediting applications for such adjustment assistance; and

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19 USC 1912. 19 USC 2347.

19 USC 2348. Recordkeeping.

GAO audit.

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19 USC 2349.

19 USC 2350.

19 USC 2351.

19 USC 2352.

19 USC 2353.

19 USC 1901.

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(2) the fees paid or to be paid to any such person, (d) No financial assistance shall be provided to any firm under this chapter unless the owners, partners, or officers shall execute an agreement binding them and the firm for a period of 2 years after such financial assistance is provided, to refrain from employing, tendering any office or employment to, or retaining for professional services any person who, on the date such assistance or any part thereof was provided, or within 1 year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Secretary shall have determined involve discretion with respect to the provision of such financial assistance. SEC. 259. PENALTIES. Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or whoever willfully overvalues any security, for the purpose of influencing in any way a determination under this chapter, or for the purpose of obtaining money, property, or anything of value under this chapter, shall be fined not more than $5,000 or imprisoned for not more than 2 years, or both. SEC. 260. SUITS. I n providing technical and financial assistance under this chapter the Secretary may sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against him or his property. Nothing in this section shall be construed to except the activities pursuant to sections 253 and 254 from the application of sections 516, 547, and 2679 of title 28 of the United States Code. SEC. 261. DEFINITIONS. For purposes of this chapter, the term "firm" includes an individual proprietorship, partnership, ]oir\i venture, association, corporation (including a development corporation), business trust, cooperative, trustee in bankruptcy, and receiver under decree of any court. A firm, together with any predecessor or successor firm, or any affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits. SEC. 262. REGULATIONS. The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this chapter. SEC. 26S. TRANSITIONAL PROVISIONS. (a) I n any case where a firm or its representative has filed a petition with the International Trade Commission (hereafter in this chapter referred to as the "Commission") under section 301(a)(2) of the Trade Expansion Act of 1962, and the Commission has not made its determination under section 301(c) of that Act before the effective date of this chapter, such firm may reapply under the provisions of section 251 of this Act. I n order to assist the Secretary in making his determination under such section 251 with respect to such firm, the Commission shall make available to the Secretary, on request, data it has acquired with respect to its investigation.

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(b) If, on the effective date of this chapter, the President (or his delegate) has not taken action under section 302(c) of the Trade Expansion Act of 1962 with respect to a report of the Commission 19 USC 1902. containing an affirmative finding under section 301(c) of that Act 19 USC 1901. or a report with respect to which an equal number of Commissioners are evenly divided, the Secretary may treat such report as a certification of eligibility made under section 251 of this Act on the effective date of this chapter. (c) Any certification of eligibility of a firm under section 302(c) of the Trade Expansion Act of 1962 made before the effective date 19 USC 1902.. of this chapter shall be treated as a certification of eligibility made under section 251 of this Act on the date of the enactment of this Act; except that any firm whose adjustment proposal was certified under section 311 of the Trade Expansion Act of 1962 before the 19 USC 1911. effective date of this chapter may receive adjustment assistance at the level set forth in such certified proposal. SEC. 264. STUDY BY SECRETARY OF COMMERCE V/HEN INTERNA- 19 USC 23 54. TIONAL TRADE COMMISSION BEGINS INVESTIGATION; ACTION WHERE THERE IS AFFIRMATIVE FINDING. (a) Whenever the Commission begins an investigation under section 201 with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of— (1) the number of firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and (2) the extent to which the orderly adjustment of such firms to the import competition may be facilitated through the use of existing programs. (b) The report of the Secretary of the study under subsection (a) PresfdJnt? shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 201. Upon mak- p"'^^ P*.^°^^' ing its report to the President, the Secretary shall also promptly make Federal Register. it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register. (c) Whenever the Commission makes an affirmative finding under section 201(b) that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustment to import competition of such firms, and he shall provide assistance in the preparation and processing of petitions and applications of such firms for program benefits.

CHAPTER 4—ADJUSTMENT ASSISTANCE FOR COMMUNITIES SEC. 271. PETITIONS AND DETERMINATIONS. 19 USC 2371. (a) A petition for certification of eligibility for adjustment assistance under this chapter may be filed with the Secretary of Commerce (hereinafter in this chapter referred to as the "Secretary") by a political subdivision of a State (hereinafter in this chapter refen*ed to as a "community"), by a group of such communities, or by the Governor of a State on behalf of such communities. Upon receipt of the petition, the

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"Contributed importantly."

42 USC 3 1 6 1. Certification of eligibility, termination; publication in Federal Register,

19 USC 2372. Trade Impacted Area Council for Adjustment Assistance. Establishment.

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Secretary shall promptly publish notice in the Federal Eegister that he has received the petition and initiated an investigation. (b) 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 Secretary's publication of notice 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. (c) The Secretary shall certify a community as eligible for adjustment assistance under this chapter if he determines— (1) that a significant number or proportion of the workers in the trade impacted area in which such community is located have become totally or partially separated, or are threatened to become totally or partially separated, (2) that sales or production, or both, of firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) have decreased absolutely, and (3) that increases of imports of articles like or directly competitive with articles produced by firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) or that the transfer of firms or subdivisions of firms located in such area to foreign countries have contributed importantly to the total or partial separations, or threats thereof, described in paragraph (1) and to the decline in sales or production described in paragraph (2). For purposes of paragraph (3), the term "contributed importantly" means a cause which is important but not necessarily more important than any other cause. (d) As soon as possible after the date on which a petition is filed under this section, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning community, or group of communities, meets the requirements of subsection (c) and shall issue a certification of eligibility for assistance under this chapter covering any community located in the same trade impacted area in which the petitioner is located which meets such requirements. (e) The Secretary, after consulting the Secretary of Labor, shall establish the size and boundaries of each trade impacted area, considering the criteria in subsection (c) and, to the extent they are relevant, the factors specified as criteria for redevelopment areas under section 401 of the Public Works and Economic Development Act of 1965. (f) If the Secretary determines that a community requires no additional assistance under this chapter, he shall terminate the certification of eligibility of such community and promptly have notice of such termination published in the Federal Eegister. Such termination shall take effect on the termination date specified by the Secretary. SEC. 272. TRADE IMPACTED AREA COUNCILS.

(a) Within 60 days after a community is certified under section 271, the Secretary shall send his representatives to the trade impacted area in which such community is located to inform officials of communities and other residents of such area about benefits available to them under this Act and to assist such officials and residents in establishing •a Trade Impacted Area Council for Adjustment Assistance (hereinafter in this chapter referred to as the "Council") for such area. (b)(1) The Secretary shall establish, subject to the last sentence of

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