legislation: 97-hr-6926
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| 97-hr-6926 | 97 | hr | 6926 | Export Adjustment Assistance Act of 1982 | Foreign Trade and International Finance | 1982-08-04 | 1982-08-13 | Referred to Subcommittee on Employment Opportunities. | House | Rep. Findley, Paul [R-IL-20] | IL | R | F000123 | 0 | Export Adjustment Assistance Act of 1982 - Title I: Export Adjustment Assistance for Workers - Authorizes groups of workers or their union to petition the Secretary of Labor for a certification of eligibility to apply for export adjustment assistance. Requires the Secretary to provide for a public hearing if the petitioner requests such a hearing within ten days of the publication of notice of the petition. Requires the Secretary to certify a group of workers as eligible to apply for export adjustment assistance if the Secretary determines: (1) that a significant number or proportion of the workers in those workers' firm or subdivision have been totally or partially separated; (2) that sales or production, or both, of that firm or subdivision have decreased absolutely; and (3) that the imposition of export controls for foreign policy purposes was a substantial cause of the separations and of the decline in sales or production. Requires the Secretary to determine, within 60 days of the date on which the petition was filed, whether to issue a certification of eligibility. Prohibits a certification from applying to any worker whose last separation occurred: (1) more than a year before the date of the petition; or (2) more than six months before the effective date of this Act. Requires the Secretary to: (1) publish determinations on such petitions in the Federal Register; and (2) terminate certifications when the Secretary determines that separations from the firms are no longer attributable to export controls. Directs the Secretary to: (1) provide workers with information about trade adjustment assistance; (2) insure that State agencies comply with agreements entered into under this Act. Sets forth the qualifying requirements for workers covered by a certification under this title. Authorizes the Secretary to require adversely affected workers for whom training is approved to accept such training or to search for work outside their labor market area if, in such area, there exist: (1) a high level of unemployment; (2) no suitable employment opportunities; and (3) facilities for job training. Prohibits requiring a worker to: (1) accept training or undertake a job search until after the expiration of the first eight weeks of eligibility; or (2) accept or participate in such training for a period longer than the remaining period to which the worker is entitled to such assistance. Sets forth the method of determining the amount of the trade readjustment allowance. Limits the total amount payable with respect to the period covered by a certification to 52 times the weekly allowance less the total amount of unemployment insurance to which the worker was entitled. Permits up to 26 additional weeks of trade readjustment allowances to help a worker complete approved job training. Applies State availability and disqualification provisions to workers who file claims for readjustment allowances. Directs the Secretary to make every reasonable effort to provide adversely affected workers covered by a certification with employment services. Authorizes the Secretary to approve training for a worker if: (1) no suitable employment is available; (2) the worker would benefit from appropriate training; (3) there is a reasonable expectation of employment following completion of such training; (4) approved training is available; and (5) the worker is qualified to undertake and complete such training. Prohibits finding a worker in a training program ineligibile or disqualified for unemployment insurance or benefits because the individual: (1) left work which is not suitable employment in order to enter such training program; or (2) the individual would be ineligible under provisions of State or Federal unemployment law concerning an individual's availability or search for work or refusal to accept work. Directs the Secretary to submit a quarterly report to Congress on the amount spent on such training. Authorizes, with specified limitations, supplemental assistance when training is not provided within commuting distance of the worker's residence. Provides that a worker who, without good cause, refuses to accept or continue or fails to make satisfactory progress in suitable training shall not be entitled to trade readjustment allowances until the worker enters or resumes the training. Authorizes job search allowances of up to $600 for adversely affected workers covered by a certification. Authorizes such allowance only: (1) to help a worker who has been totally separated to obtain a job in the United States; (2) where such worker cannot reasonably be expected to secure suitable employment within the worker's commuting area; and (3) where the worker has filed an application before a specified date. Authorizes relocation allowances for workers covered by a certification who file an application before a specified date. Authorizes such allowance to assist an adversely affected worker in relocating within the United States if such worker cannot reasonably be expected to secure suitable employment in the worker's commuting area and if such worker: (1) has obtained suitable employment affording a reasonable expectation of long-term duration; or (2) has obtained a bona fide offer of such employment; and (3) is totally separated at the time relocation begins. Prohibits granting a relocation allowance unless the relocation occurs within a specified time period. Authorizes the Secretary to enter into agreements with States or State agencies under which the State or State agency: (1) as agent of the United States, will receive applications for and provide payments according to this title; (2) will provide workers with employment services; and (3) will cooperate with State and Federal agencies in providing payments and services under this title. Requires such agreements to provide that a worker's unemployment insurance shall not be reduced because of payments under this title. Requires the Secretary to arrange regulations for the administration of this title if there is no State agreement. Provides for payments to the States to cover payments provided by this title. Sets forth the liabilities of certifying and disbursing officers for payments made under their authority. Requires that persons who receive payments under this title to which they are not entitled must repay the amount received unless the State agency or the Secretary waives repayment. Authorizes the Secretary to require the State agency to recover any such overpayment by deducting it from the unemployment insurance payable to such persons. Limits such deductions to 50 percent of the amount otherwise payable. Provides that persons who obtain payments by fraud shall be ineligibile for further payments under this title. Authorizes appropriations. Grants the Secretary subpoena power to require the attendance of witnesses and the production of evidence necessary for the Secretary to make determinations under this title. Title II: Adjustment Assistance for Firms - Authorizes a firm or its representative to petition the Secretary of Commerce for a certification of eligibility to apply for adjustment assistance. Requires a public hearing on the petition if any entity with a substantial interest in the proceedings requests a hearing within ten days of the publication of the petition. Requires the Secretary to certify a firm as eligible to apply for adjustment assistance if: (1) a significant number or proportion of the workers in that firm have become totally or partially separated or are threatened with total or partial separation (2) sales or production or both have decreased absolutely; and (3) the imposition of export controls for foreign policy purposes or articles produced by that firm contributed importantly to the separations and to the decline in sales or production. Requires the Secretary to make a determination with respect to such petition within 60 days of its filing date. Authorizes the Export-Import Bank to award adjustment assistance in the form of a loan or guarantee to any firm certified by the Secretary. Limits such assistance to the amount necessary to compensate the firm for its losses. Authorizes appropriations. Title III: General Provisions - Provides for judicial review of final determinations by: (1) the Secretary of Labor on petitions for export adjustment assistance; or (2) the Secretary of Commerce on petitions for adjustment assistance. | 2025-08-29T19:50:01Z |