Trade Adjustment Assistance Accountability Act of 2011 - Amends the Trade Act of 1974 to extend and authorize appropriations for the trade adjustment assistance (TAA) program for workers through FY2014.
Requires the Secretary of Labor, with respect to a petition for the certification of eligibility to apply for TAA for a group of workers adversely affected by import competition, to send written or electronic notification of the receipt of the petition, and the initiation of the investigation of such petition, directly to the petitioners.
Requires the Secretary to obtain from the workers' firm, a customer of the workers' firm, or the petitioner, through questionnaires and other appropriate means, information that the Secretary determines is necessary to certify a group of workers as eligible to apply for TAA. Authorizes the Secretary to seek additional information by: (1) contacting officials, employees, or customers of the workers' firm, as well as officials of certified or recognized unions or other duly authorized workers' representatives, or one-stop operators or partners; and (2) reviewing all certifications or denials of petitions for TAA within the same industry as the petitioner and considering the impact of trade on such determinations.
Requires the Secretary to notify the petitioner of any information submitted or certified as part of an investigation that was adverse to the petitioner's claim, as well as allow the petitioner to review any non-protected documents, in cases where the petition for certification has been denied and the petitioner appeals.
Requires the Secretary to provide a written or electronic response to a written request for information from the petitioner regarding the status of the petition at least 60 days after a petition or appeal is filed.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2525 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2525
To amend the Trade Act of 1974 with respect to the trade adjustment
assistance program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2011
Mr. Wu introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Trade Act of 1974 with respect to the trade adjustment
assistance program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance
Accountability Act of 2011''.
SEC. 2. AMENDMENTS TO TRADE ADJUSTMENT ASSISTANCE PROGRAM.
(a) Extension of Assistance Program for Workers.--Section 245(a) of
the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking
``October 1, 2001, and ending December 31, 2007'' and inserting
``February 13, 2011, and ending September 30, 2014''.
(b) Notice to Petitioner of Initiation of Investigation.--Section
221(a)(3) of the Trade Act of 1974 (19 U.S.C. 2271(a)(3)) is amended by
adding at the end the following: ``The Secretary shall also send
written or electronic notification of the receipt of the petition and
the initiation of the investigation directly to the petitioner.''.
(c) Procedural Matters.--
(1) Basis for secretary's determination.--Section 222 of
the Trade Act of 1974 (19 U.S.C. 2272) is amended by adding at
the end the following:
``(d) Basis for Secretary's Determinations.--
``(1) In general.--The Secretary shall, in determining
whether to certify a group of workers under section 223, obtain
from the workers' firm, a customer of the workers' firm, or the
petitioner, information that the Secretary determines to be
necessary to make the certification, through questionnaires and
in such other manner as the Secretary determines appropriate.
``(2) Additional information.--The Secretary may seek
additional information to determine whether to certify a group
of workers under subsection (a) or (b)--
``(A) by contacting--
``(i) officials or employees of the
workers' firm;
``(ii) officials of customers of the
workers' firm;
``(iii) officials of certified or
recognized unions or other duly authorized
representatives of the group of workers; or
``(iv) one-stop operators or one-stop
partners (as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C.
2801));
``(B) by reviewing all certifications or denials of
petitions for trade adjustment assistance within the
same industry as the petitioner and considering the
impact of trade on those determinations; or
``(C) by using other available sources of
information.
``(3) Verification of information.--
``(A) Certification.--The Secretary shall require a
firm or customer to certify--
``(i) all information obtained under
paragraph (1) from the firm or customer (as the
case may be) through questionnaires; and
``(ii) all other information obtained under
paragraph (1) from the firm or customer (as the
case may be) on which the Secretary relies in
making a determination under section 223,
unless the Secretary has a reasonable basis for
determining that such information is accurate
and complete without being certified.
``(B) Protection of confidential information.--The
Secretary may not release information obtained under
paragraph (1) that the Secretary considers to be
confidential business information unless the firm or
customer (as the case may be) submitting the
confidential business information had notice, at the
time of submission, that the information would be
released by the Secretary, or the firm or customer (as
the case may be) subsequently consents to the release
of the information. Nothing in this subparagraph shall
be construed to prohibit the Secretary from providing
such confidential business information to a court in
camera or to another party under a protective order
issued by a court.
``(C) Review of information.--If the petition for
certification is denied and the petitioner appeals the
denial, the Secretary shall notify the petitioner of
any information submitted or certified as part of an
investigation that was adverse to the petitioner's
claim, and shall allow a petitioner to review any
documents not protected under subparagraph (B). The
petitioner shall be permitted an opportunity to submit
and certify a rebuttal to the information submitted by
the firm or firm's customer as an addendum to the
appeal, before the Secretary reviews the appeal.''.
(2) Determination of secretary.--Section 223(a) of the
Trade Act of 1974 is amended--
(A) by striking ``(a) As soon as possible'' and
inserting--
``(a) In General.--
``(1) Initial determinations.--As soon as possible''; and
(B) by adding at the end the following:
``(2) Notifications to petitioner.--Not later than 60 days
after a petition or appeal is filed, the Secretary shall
provide a written or electronic response to a written request
for information from the petitioner regarding the status of the
petition. The response shall include the current stage of the
investigation, details on outstanding requests for information
from the firm or firm's customer described in 222(e), any other
reason for the delay, and the expected date of the final
determination. Such notification shall be provided to the
petitioner not later than 21 days after it is received by the
Secretary.''.
(d) Conforming Amendments.--Section 285(a) of the Trade Act of 1974
is amended by striking ``December 31, 2007'' each place it appears and
inserting ``September 30, 2014''.
(e) Effective Date.--
(1) Extension of program.--The amendments made by
subsections (a) and (d) apply to petitions for certification of
eligibility for adjustment assistance under chapter 2 of title
II of the Trade Act of 1974 that are filed before, on, or after
the date of the enactment of this Act for such eligibility on
or after February 13, 2011.
(2) Procedural requirements.--The amendments made by
subsections (b) and (c) apply with respect to petitions for
certification of eligibility for adjustment assistance under
chapter 2 of title II of the Trade Act of 1974 that are filed
or after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
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