U.S. Congress - Text of H.R.3920 as Referred in Senate Unemployment Insurance Modernization Act
The easiest way to email your members of Congress
Donate NowH.R.3920 - Unemployment Insurance Modernization Act
To amend the Trade Act of 1974 to reauthorize trade adjustment assistance, to extend trade adjustment assistance to service workers and firms, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 21,633 | n/a | n/a |
| Reported in House | 22,984 | 34 | 11% |
| Engrossed in House | 26,027 | 94 | 19% |
| Referred in Senate | 26,745 | 5 Show Changes Hide Changes | 0% |
Key: changed or removed text inserted or modified text
Loading Bill Text
Rollover any line of text to comment and/or link to it.
HR 3920 EHRFSCommentsClose CommentsPermalink
November 5, 2007
Received; read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
To amend the Trade Act of 1974 to reauthorize trade adjustment assistance, to extend trade adjustment assistance to service workers and firms, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Trade and Globalization Assistance Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Findings.CommentsClose CommentsPermalink
TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
Subtitle A--Trade Adjustment Assistance for Service Sector Workers; Expansion of Covered Shifts in Production; Expansion of Downstream Secondary Worker Eligibility
Sec. 101. Extension of trade adjustment assistance to services sector; shifts in production.CommentsClose CommentsPermalink
Sec. 102. Determinations by Secretary of Labor.CommentsClose CommentsPermalink
Sec. 103. Monitoring and reporting relating to service sector.CommentsClose CommentsPermalink
Subtitle B--Industry-Wide Trade Adjustment Assistance
Sec. 111. Industry-wide determinations.CommentsClose CommentsPermalink
Sec. 112. Notifications regarding affirmative determinations and safeguards.CommentsClose CommentsPermalink
Sec. 113. Notification to Secretary of Commerce.CommentsClose CommentsPermalink
Subtitle C--Program Benefits
Sec. 121. Qualifying requirements for workers.CommentsClose CommentsPermalink
Sec. 122. Weekly amounts.CommentsClose CommentsPermalink
Sec. 123. Limitations on trade readjustment allowances; allowances for extended training and breaks in training.CommentsClose CommentsPermalink
Sec. 124. Special rules for calculation of eligibility period.CommentsClose CommentsPermalink
Sec. 125. Application of State laws and regulations on good cause for waiver of time limits or late filing of claims.CommentsClose CommentsPermalink
Sec. 126. Employment and case management services.CommentsClose CommentsPermalink
Sec. 127. Training.CommentsClose CommentsPermalink
Sec. 128. Prerequisite education; approved training programs.CommentsClose CommentsPermalink
Sec. 129. Eligibility for unemployment insurance and program benefits while in training.CommentsClose CommentsPermalink
Sec. 130. Administrative expenses and employment and case management services.CommentsClose CommentsPermalink
Sec. 131. Job search and relocation allowances.CommentsClose CommentsPermalink
Subtitle D--Health Care Provisions
Sec. 141. Modifications relating health insurance assistance for certain TAA and PBGC pension recipients.CommentsClose CommentsPermalink
Sec. 142. Extension of COBRA benefits for certain TAA-eligible individuals and PBGC recipients.CommentsClose CommentsPermalink
Subtitle E--Wage Insurance
Sec. 151. Reemployment trade adjustment assistance program for older workers.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 161. Restriction on eligibility for program benefits.CommentsClose CommentsPermalink
Sec. 162. Agreements with States.CommentsClose CommentsPermalink
Sec. 163. Fraud and recovery of overpayments.CommentsClose CommentsPermalink
Sec. 164. Technical amendments.CommentsClose CommentsPermalink
Sec. 165. Office of Trade Adjustment Assistance; Deputy Assistant Secretary for Trade Adjustment Assistance.CommentsClose CommentsPermalink
Sec. 166. Collection of data and reports; information to workers.CommentsClose CommentsPermalink
Sec. 167. Extension of TAA program.CommentsClose CommentsPermalink
Sec. 168. Judicial review.CommentsClose CommentsPermalink
Sec. 169. Liberal construction of certification of workers and firms.CommentsClose CommentsPermalink
TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
Sec. 201. Trade adjustment assistance for firms.CommentsClose CommentsPermalink
Sec. 202. Extension of authorization of trade adjustment assistance for firms.CommentsClose CommentsPermalink
Sec. 203. Industry-wide programs for the development of new services.CommentsClose CommentsPermalink
Sec. 204. Demonstration project on strategic trade transformation assistance.CommentsClose CommentsPermalink
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
Sec. 301. Eligibility of certain other producers.CommentsClose CommentsPermalink
TITLE IV--UNEMPLOYMENT INSURANCE
Sec. 401. Short title.CommentsClose CommentsPermalink
Sec. 402. Special transfers to State accounts in the Unemployment Trust Fund.CommentsClose CommentsPermalink
Sec. 403. Extension of FUTA tax.CommentsClose CommentsPermalink
Sec. 404. Safety Net Review Commission.CommentsClose CommentsPermalink
TITLE V--MANUFACTURING REDEVELOPMENT ZONES
Sec. 501. Manufacturing redevelopment zones.CommentsClose CommentsPermalink
Sec. 502. Delay in application of worldwide interest allocation.CommentsClose CommentsPermalink
TITLE VI--WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
Sec. 601. Short title.CommentsClose CommentsPermalink
Sec. 602. Amendments to the WARN Act.CommentsClose CommentsPermalink
Sec. 603. Effective date.CommentsClose CommentsPermalink
SEC. 2. FINDINGS.
Congress makes the following findings:CommentsClose CommentsPermalink
(1) Since January 2001, the United States economy has lost nearly 3 million jobs in the manufacturing sector alone.CommentsClose CommentsPermalink
(2) Today, over 7.1 million people in the United States are unemployed, and nearly 1.2 million of those individuals have been unemployed for 6 months or longer.CommentsClose CommentsPermalink
(3) While the United States manufacturing sector has been the hardest hit by increased unemployment, the United States service sector has also seen declines as jobs have moved to low-cost labor markets, such as China, India, and the Philippines.CommentsClose CommentsPermalink
(4) Promoting the economic growth and competitiveness of the United States requires--CommentsClose CommentsPermalink
(A) opening substantial new markets for United States goods, services, and farm products;CommentsClose CommentsPermalink
(B) building a strong framework of rules for international trade to level the playing field for United States workers and businesses in all sectors of the economy; andCommentsClose CommentsPermalink
(C) helping those affected by globalization overcome its challenges and succeed.CommentsClose CommentsPermalink
(5) Congress created the trade adjustment assistance program in 1962 to provide United States workers who lose their jobs because of foreign competition with government-funded training and associated income support to enable such workers to transition to new, good-paying jobs.CommentsClose CommentsPermalink
(6) Unfortunately, the trade adjustment assistance program has not kept pace with globalization and it is failing to ensure that all workers adversely affected by trade receive the assistance they need and deserve.CommentsClose CommentsPermalink
(7) Workers in the service sector, who make up approximately 80 percent of the United States workforce, are ineligible for trade adjustment assistance.CommentsClose CommentsPermalink
(8) Inadequate funding for training leaves many dislocated workers without access to the retraining they need to find good-paying jobs.CommentsClose CommentsPermalink
(9) Unnecessary, unduly burdensome, and confusing program eligibility rules prevent workers from gaining access to benefits for which they are eligible.CommentsClose CommentsPermalink
(10) The health coverage tax credit suffers from fundamental flaws and, as a result, the credit is not being used by the vast majority of people who are eligible for it, despite a clear need for access to affordable health care.CommentsClose CommentsPermalink
(11) To meet the challenges posed by globalization and to preserve the critical role that United States workers play in promoting the strength and prosperity of the United States, the trade adjustment assistance program must be reformed.CommentsClose CommentsPermalink
TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
Subtitle A--Trade Adjustment Assistance for Service Sector Workers; Expansion of Covered Shifts in Production; Expansion of Downstream Secondary Worker Eligibility
SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICES SECTOR; SHIFTS IN PRODUCTION.
(a) Petitions- Section 221(a) of the Trade Act of 1974 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink
(i) by striking `Secretary' and inserting `Secretary of Labor'; andCommentsClose CommentsPermalink
(ii) by striking `or subdivision' and inserting `or public agency, or subdivision of a firm or public agency,'; andCommentsClose CommentsPermalink
(B) in subparagraph (A), by striking `firm)' and inserting `firm, and workers in a service sector firm or subdivision of a service sector firm, or of a public agency or subdivision thereof)'; andCommentsClose CommentsPermalink
(2) in paragraph (3), by inserting `and on the Website of the Department of Labor' after `Federal Register'.CommentsClose CommentsPermalink
(b) Group Eligibility Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (a) of section 222 of the Trade Act of 1974 (
(A) in the matter preceding paragraph (1), by striking `(including workers in any agricultural firm or subdivision of an agricultural firm)' and inserting `(other than workers in a public agency)';CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A)(ii), by striking `like or directly competitive with articles produced' and inserting `or services like or directly competitive with articles produced or services provided'; andCommentsClose CommentsPermalink
(ii) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink
`(B)(i) there has been a shift, by such workers' firm or subdivision to a foreign country, of production of articles, or in provision of services, like or directly competitive with articles produced, or services provided, by such firm or subdivision; orCommentsClose CommentsPermalink
`(ii) such workers' firm or subdivision has obtained or is likely to obtain articles or services described in clause (i) from a foreign country.'.CommentsClose CommentsPermalink
(2) WORKERS IN PUBLIC AGENCIES- Such section is further amended--CommentsClose CommentsPermalink
(A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subsection (a) the following:CommentsClose CommentsPermalink
`(b) Adversely Affected Workers in Public Agencies- A group of workers in a public agency shall be certified by the Secretary as eligible to apply for adjustment assistance under this chapter pursuant to a petition filed under section 221 if the Secretary determines that--CommentsClose CommentsPermalink
`(1) a significant number or proportion of the workers in the public agency, or an appropriate subdivision of the public agency, have become totally or partially separated, or are threatened to become totally or partially separated; andCommentsClose CommentsPermalink
`(2) the public agency or subdivision has obtained or is likely to obtain from a foreign country services that would otherwise be provided by such agency or subdivision.'.CommentsClose CommentsPermalink
(3) ADVERSELY AFFECTED SECONDARY WORKERS- Subsection (c) of such section (as redesignated by paragraph (2)(A) of this subsection) is amended--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking `agricultural firm)' and inserting `agricultural firm, and workers in a service sector firm or subdivision of a service sector firm)';CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by inserting `or service' after `related to the article'; andCommentsClose CommentsPermalink
(ii) by striking `(c)(3)' and inserting `(d)(3)'; andCommentsClose CommentsPermalink
(C) in paragraph (3)(A), by striking `it supplied to the firm (or subdivision)' and inserting `or services it supplied to the firm (or subdivision)'.CommentsClose CommentsPermalink
(4) DEFINITIONS AND ELIGIBILITY- Subsection (d) of such section (as redesignated by paragraph (2)(A) of this subsection) is amended--CommentsClose CommentsPermalink
(A) by striking `(d) For purposes of this section--' and inserting `(d) Definitions and Eligibility- For purposes of this section:'CommentsClose CommentsPermalink
(B) in paragraph (3), to read as follows:CommentsClose CommentsPermalink
`(3) DOWNSTREAM PRODUCER- The term `downstream producer' means a firm that performs additional, value-added production processes or services for a firm or subdivision, including a firm that performs final assembly, finishing, testing, packaging, or maintenance or transportation services directly for another firm (or subdivision), for articles or services that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm (or subdivision).';CommentsClose CommentsPermalink
(C) in paragraph (4)--CommentsClose CommentsPermalink
(i) by striking `for articles' and inserting `, or services, used in the production of articles or in the provision of services, as the case may be,'; andCommentsClose CommentsPermalink
(ii) by inserting `(or subdivision)' after `such other firm'; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
`(5) FIRMS IDENTIFIED BY ITC- A petition filed under section 221 covering a group of workers from a firm or appropriate subdivision of a firm meets the requirements of subsection (a) if the firm is identified by the International Trade Commission under subsection (c), (d), or (e) of section 224.'.CommentsClose CommentsPermalink
(5) BASIS FOR SECRETARY'S DETERMINATIONS- Such section is further amended by adding at the end the following:CommentsClose CommentsPermalink
`(e) Basis for Secretary's Determinations-CommentsClose CommentsPermalink
`(1) INCREASED IMPORTS OF SERVICES- For purposes of subsection (a)(2)(A)(ii), the Secretary may determine that increased imports of like or directly competitive services exist if the customers of the workers' firm or subdivision accounting for not less than 20 percent of the sales of the workers' firm or subdivision (as the case may be) certify to the Secretary that such customers are obtaining such services from a foreign country.CommentsClose CommentsPermalink
`(2) SHIFT IN PRODUCTION; OBTAINING ARTICLES OR SERVICES ABROAD- For purposes of subsections (a)(2)(B) and (b)(2), the Secretary may determine that there has been a shift in production of articles or provision of services, or that a workers' firm or public agency, or subdivision thereof, has obtained or is likely to obtain like or directly competitive articles or services from a foreign country, based on a certification thereof from the workers' firm, public agency, or subdivision (as the case may be).CommentsClose CommentsPermalink
`(3) PROCESS AND METHODS FOR OBTAINING CERTIFICATIONS-CommentsClose CommentsPermalink
`(A) REQUEST BY PETITIONER- If requested by the petitioner, the Secretary shall obtain the certifications under paragraphs (1) and (2) in such manner as the Secretary determines is appropriate, including by issuing subpoenas under section 249 when necessary.CommentsClose CommentsPermalink
`(B) PROTECTION OF CONFIDENTIAL INFORMATION- The Secretary may not release information obtained under subparagraph (A) that the Secretary considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the Secretary, or such party subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit a court from requiring the submission of such confidential business information to the court in camera.'.CommentsClose CommentsPermalink
(c) Definitions- Section 247 of the Trade Act of 1974 (
(1) in the matter preceding paragraph (1), by striking `chapter--' and inserting `chapter:';CommentsClose CommentsPermalink
(2) in paragraph (1)--CommentsClose CommentsPermalink
(A) by inserting `, or employment in a public agency or appropriate subdivision of a public agency,' after `of a firm'; andCommentsClose CommentsPermalink
(B) by striking `such firm or subdivision' inserting `such firm (or subdivision) or public agency (or subdivision)';CommentsClose CommentsPermalink
(3) in paragraph (2), by striking `employment--' and all that follows and inserting `employment, has been totally or partially separated from such employment.';CommentsClose CommentsPermalink
(4) by redesignating paragraphs (8) through (17) as paragraphs (10) through (19), respectively; andCommentsClose CommentsPermalink
(5) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink
`(7) The term `public agency' means a department or agency of a State or local government or of the Federal Government.CommentsClose CommentsPermalink
`(8) The term `service sector firm' means an entity engaged in the business of providing services.CommentsClose CommentsPermalink
`(9) Except as otherwise provided, the term `Secretary' means the Secretary of Labor.'.CommentsClose CommentsPermalink
SEC. 102. DETERMINATIONS BY SECRETARY OF LABOR.
Section 223 of the Trade Act of 1974 (
(1) in subsection (b), by striking `before his application' and all that follows and inserting `before the worker's application under section 231 occurred more than one year before the date of the petition on which such certification was granted.';CommentsClose CommentsPermalink
(2) in subsection (c), by striking `together with his reasons' and inserting `and on the Website of the Department of Labor, together with the Secretary's reasons'; andCommentsClose CommentsPermalink
(3) in subsection (d)--CommentsClose CommentsPermalink
(A) by striking `subdivision of the firm' and all that follows through `he shall' and inserting `subdivision of the firm, or of a public agency or subdivision of a public agency, that total or partial separations from such firm (or subdivision) or public agency (or subdivision) are no longer attributable to the conditions specified in section 222, the Secretary shall'; andCommentsClose CommentsPermalink
(B) by striking `together with his reasons' and inserting `and on the Website of the Department of Labor, together with the Secretary's reasons'.CommentsClose CommentsPermalink
SEC. 103. MONITORING AND REPORTING RELATING TO SERVICE SECTOR.
(a) In General- Section 282 of the Trade Act of 1974 (
(1) in the heading, by striking `system' and inserting `and data collection';CommentsClose CommentsPermalink
(2) in the first sentence--CommentsClose CommentsPermalink
(A) by striking `The Secretary' and inserting `(a) Monitoring Programs- The Secretary';CommentsClose CommentsPermalink
(B) by inserting `and services' after `imports of articles';CommentsClose CommentsPermalink
(C) by inserting `and domestic provision of services' after `domestic production';CommentsClose CommentsPermalink
(D) by inserting `or providing services' after `producing articles'; andCommentsClose CommentsPermalink
(E) by inserting `, or provision of services,' after `changes in production'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(b) Collection of Data and Reports on Service Sector-CommentsClose CommentsPermalink
`(1) SECRETARY OF LABOR- Not later than 90 days after the date of the enactment of the Trade and Globalization Assistance Act of 2007, the Secretary of Labor shall implement a system to collect data on adversely affected workers employed in the service sector that includes the number of workers by State, industry, and cause of dislocation of each worker.CommentsClose CommentsPermalink
`(2) SECRETARY OF COMMERCE- Not later than 1 year after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and report to Congress on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms obtaining services from firms in foreign countries.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by striking the item relating to section 282 and inserting the following:CommentsClose CommentsPermalink
`Sec. 282. Trade monitoring and data collection.'.CommentsClose CommentsPermalink
Subtitle B--Industry-Wide Trade Adjustment Assistance
SEC. 111. INDUSTRY-WIDE DETERMINATIONS.
(a) In General- Subchapter A of chapter 2 of title II of the Trade Act of 1974 (
`SEC. 223A. INDUSTRY-WIDE DETERMINATIONS.
`(a) Investigation- Upon the request of the President or the United States Trade Representative, or the resolution of either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives, with respect to a domestic industry, or if the Secretary certifies groups of workers in a domestic industry under section 223(a) pursuant to 3 petitions within a 180-day period, the Secretary shall promptly initiate an investigation under this chapter to determine the eligibility for adjustment assistance of--CommentsClose CommentsPermalink
`(1) all workers in that domestic industry; orCommentsClose CommentsPermalink
`(2) all workers in that domestic industry in a specific geographic region.CommentsClose CommentsPermalink
`(b) Determination Regarding Industry-Wide Certification- The Secretary shall, not later than 60 days after receiving a request or resolution described in subsection (a) with respect to a domestic industry, or making the third certification of workers in a domestic industry described in subsection (a), as the case may be--CommentsClose CommentsPermalink
`(1) determine whether all adversely affected workers in that domestic industry are eligible to apply for assistance under this subchapter, in accordance with the criteria established under subsection (e); orCommentsClose CommentsPermalink
`(2) determine whether all adversely affected workers in that domestic industry in a specific geographic region are eligible to apply for assistance under this subchapter, in accordance with the criteria established under subsection (e).CommentsClose CommentsPermalink
`(c) Identification and Certification-CommentsClose CommentsPermalink
`(1) AFFIRMATIVE DETERMINATION-CommentsClose CommentsPermalink
`(A) IN GENERAL- Upon making an affirmative determination under subsection (b), the Secretary shall--CommentsClose CommentsPermalink
`(i) identify all firms operating within the domestic industry described in paragraph (1) or (2) of subsection (b) that are covered by the determination; andCommentsClose CommentsPermalink
`(ii) certify all workers of such firms as a group of workers eligible to apply for assistance under this subchapter, without any other determination of whether such group meets the requirements of section 222.CommentsClose CommentsPermalink
`(B) OTHER REQUIREMENTS-CommentsClose CommentsPermalink
`(i) IN GENERAL- Each certification under subparagraph (A)(ii) shall specify the date on which the total or partial separation began or threatened to begin, except that--CommentsClose CommentsPermalink
`(I) with respect to a request or a resolution under subsection (a), such date may not be a date that precedes one year before the date on which the Secretary receives the request or resolution, as the case may be; andCommentsClose CommentsPermalink
`(II) with respect to the third certification of workers in a domestic industry described in subsection (a), such date may not be a date that precedes one year before the date on which the Secretary certifies the 3d such petition.CommentsClose CommentsPermalink
`(ii) INAPPLICABILITY- A certification under subparagraph (A)(ii) shall not apply to any worker whose last total or partial separation from the firm occurred before the applicable date specified in clause (i).CommentsClose CommentsPermalink
`(iii) TRAINING BEFORE SEPARATION- Any worker covered by a certification under subparagraph (A)(ii) shall be deemed to be an adversely affected worker for purposes of receiving services under section 235 and training under section 236, without regard to whether the worker has been totally or partially separated from employment. In the case of a worker not totally or partially separated from employment, the reference in section 236(a)(1)(A) to `suitable employment' shall be deemed not to refer to such employment.CommentsClose CommentsPermalink
`(2) NEGATIVE DETERMINATION- If the Secretary makes a negative determination under subsection (b), the Secretary shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate of the reasons for the Secretary's determination.CommentsClose CommentsPermalink
`(3) PUBLICATION- Upon making a determination under subsection (b), the Secretary shall promptly publish a summary of the determination in the Federal Register and on the Website of the Department of Labor, together with the reasons for making such determination.CommentsClose CommentsPermalink
`(4) TERMINATION- Whenever the Secretary determines that a certification under paragraph (1) is no longer warranted, the Secretary shall terminate the certification and promptly have notice of the termination published in the Federal Register and on the Website of the Department of Labor, together with the reasons for making such determination under this paragraph. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Secretary. In the case of a worker described in paragraph (1)(B)(iii), no services described in section 235 or training described in section 236 may be initiated after such termination date.CommentsClose CommentsPermalink
`(d) Outreach- Upon making a certification under subsection (c)(1) of eligibility for adjustment assistance under this chapter of a group of workers or all workers in a domestic industry, the Secretary shall notify each Governor of a State in which the workers are located of the certification.CommentsClose CommentsPermalink
`(e) Regulations- The Secretary shall, not later than 1 year after the date of the enactment of the Trade and Globalization Assistance Act of 2007, issue regulations for making determinations under this section, including criteria for making such determinations. The Secretary shall develop such regulations in consultation with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, and the Secretary shall submit such regulations to each such committee at least 60 days before the regulations go into effect.CommentsClose CommentsPermalink
`(f) Domestic Industry Defined- In this section, the term `domestic industry' means an industry in the United States, as that industry is defined by the North American Industry Classification System.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 223 the following:CommentsClose CommentsPermalink
`Sec. 223A. Industry-wide determinations.'.CommentsClose CommentsPermalink
(c) Conforming Amendments- Chapter 2 of title II of the Trade Act of 1974 (
(1) in section 225--CommentsClose CommentsPermalink
(A) in subsection (a), in the last sentence by inserting `or 223A' after `223'; andCommentsClose CommentsPermalink
(B) in subsection (b)--CommentsClose CommentsPermalink
(i) in paragraph (1), by striking `subchapter A of this chapter' and inserting `this subchapter'; andCommentsClose CommentsPermalink
(ii) in paragraph (2), by striking `subchapter A' and inserting `this subchapter'; andCommentsClose CommentsPermalink
(2) in section 231--CommentsClose CommentsPermalink
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) in the matter preceding paragraph (1), by striking `more than 60 days' and all that follows through `section 221' and inserting `on or after the date of such certification'; andCommentsClose CommentsPermalink
(ii) in paragraph (1)--CommentsClose CommentsPermalink
(I) in subparagraph (B), by inserting `or 223A (as the case may be)' after `223'; andCommentsClose CommentsPermalink
(II) in subparagraph (C), by inserting `or 223A(c)(4), as the case may be' after `223(d)'; andCommentsClose CommentsPermalink
(B) in subsection (b)--CommentsClose CommentsPermalink
(i) by striking paragraph (2); andCommentsClose CommentsPermalink
(ii) in paragraph (1)--CommentsClose CommentsPermalink
(I) by striking `(1)';CommentsClose CommentsPermalink
(II) by redesignating subparagraphs (A) and (B) as paragraph (1) and (2), respectively;CommentsClose CommentsPermalink
(III) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; andCommentsClose CommentsPermalink
(IV) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively.CommentsClose CommentsPermalink
SEC. 112. NOTIFICATIONS REGARDING AFFIRMATIVE DETERMINATIONS AND SAFEGUARDS.
(a) In General- Section 224 of the Trade Act of 1974 (
(1) in the heading, by striking `study by secretary of labor when international trade commission begins investigation' and inserting `study and notifications regarding trade remedy determinations';CommentsClose CommentsPermalink
(2) in subsection (a), by striking `Whenever' and inserting `Study of Domestic Industry- Whenever';CommentsClose CommentsPermalink
(3) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking `The report' and inserting `Report by the Secretary- The report';CommentsClose CommentsPermalink
(B) by striking `his report' and inserting `the Secretary's report'; andCommentsClose CommentsPermalink
(C) by inserting `and on the Website of the Department of Labor' after `Federal Register'; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`(c) Notifications Regarding Affirmative Safeguard Determinations Under Section 202- Upon issuing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, under section 202, the Commission shall notify the Secretary and the Secretary of Commerce of that finding and the identity of the firms which comprise the domestic industry.CommentsClose CommentsPermalink
`(d) Notifications Regarding Affirmative Determinations Under Section 421- Upon issuing an affirmative determination of market disruption, or the threat thereof, under section 421, the Commission shall notify the Secretary and the Secretary of Commerce of that determination and the identity of the firms which comprise the affected domestic industry.CommentsClose CommentsPermalink
`(e) Notifications Regarding Affirmative Determinations Under Tariff Act of 1930- Upon issuing a final affirmative determination of injury, or the threat thereof, under section 705 or section 735 of the Tariff Act of 1930 (
`(f) Notification of Industry and Worker Representatives- Whenever the Commission makes a notification under subsection (c), (d), or (e)--CommentsClose CommentsPermalink
`(1) the Secretary shall--CommentsClose CommentsPermalink
`(A) notify the firms identified by the Commission as comprising the domestic industry affected, and any certified or recognized union or other duly authorized representatives of the workers in such industry, of the allowances, training, employment services, and other benefits available under this chapter, and the procedures under this chapter for filing petitions and applying for benefits;CommentsClose CommentsPermalink
`(B) notify the Governor of each State in which one or more firms described in subparagraph (A) are located of the Commission's determination and the identity of the firms; andCommentsClose CommentsPermalink
`(C) provide the necessary assistance to employers, groups of workers, and any certified or recognized union or other duly authorized representatives of such workers to file petitions under section 221; andCommentsClose CommentsPermalink
`(2) the Secretary of Commerce shall--CommentsClose CommentsPermalink
`(A) notify the firms identified by the Commission as comprising the domestic industry affected of the benefits under chapter 3 and the procedures under such chapter for filing petitions and applying for benefits; andCommentsClose CommentsPermalink
`(B) provide the necessary assistance to firms to file petitions under section 251.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by striking the item relating to section 224 and inserting the following:CommentsClose CommentsPermalink
`Sec. 224. Study and notifications regarding trade remedy determinations.'.CommentsClose CommentsPermalink
SEC. 113. NOTIFICATION TO SECRETARY OF COMMERCE.
Section 225 of the Trade Act of 1974 (
`(c) Upon issuing a certification under section 223 or 223A, the Secretary shall notify the Secretary of Commerce of the identify of the firm or firms that are covered by the certification.'.CommentsClose CommentsPermalink
Subtitle C--Program Benefits
SEC. 121. QUALIFYING REQUIREMENTS FOR WORKERS.
(a) In General- Subsection (a)(5)(A)(ii) of section 231 of the Trade Act of 1974 (
(1) by striking subclauses (I) and (II) and inserting the following:CommentsClose CommentsPermalink
`(I) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs after the date on which the Secretary issues a certification covering the worker, the last day of the 26th week after such total separation,CommentsClose CommentsPermalink
`(II) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs before the date on which the Secretary issues a certification covering the worker, the last day of the 26th week after the date of such certification,'; andCommentsClose CommentsPermalink
(2) in subclause (III)--CommentsClose CommentsPermalink
(A) by striking `later of the dates specified in subclause (I) or (II)' and inserting `date specified in subclause (I) or (II), as the case may be'; andCommentsClose CommentsPermalink
(B) by striking `or' at the end;CommentsClose CommentsPermalink
(3) by redesignating subclause (IV) as subclause (V); andCommentsClose CommentsPermalink
(4) by inserting after subclause (III) the following:CommentsClose CommentsPermalink
`(IV) the last day of such period that the Secretary determines appropriate, if the failure to enroll is due to the failure to provide the worker with timely information regarding the date specified in subclause (I) or (II), as the case may be, or'.CommentsClose CommentsPermalink
(b) Waivers of Training Requirements- Subsection (c) of such section 231 is amended--CommentsClose CommentsPermalink
(1) in paragraph (1)(B)--CommentsClose CommentsPermalink
(A) by striking `The worker possesses' and insertingCommentsClose CommentsPermalink
`(i) IN GENERAL- The worker possesses';CommentsClose CommentsPermalink
(B) by moving the remaining text 2 ems to the right; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(ii) MARKETABLE SKILLS DEFINED- For purposes of clause (i), the term `marketable skills' may include the possession of a postgraduate degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) or equivalent institution, or the possession of an equivalent postgraduate certification in a specialized field.'; andCommentsClose CommentsPermalink
(2) in paragraph (3)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `may authorize' and inserting `shall authorize';CommentsClose CommentsPermalink
(B) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink
(C) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
`(B) DURATION OF WAIVERS- A waiver issued under paragraph (1) by a cooperating State shall be effective for not more than 3 months after the date on which the waiver is issued, except that the State, upon reviewing the waiver, may extend the waiver for an additional period of not more than 3 months if the State determines that the waiver should be maintained.'.CommentsClose CommentsPermalink
(c) Determinations of Eligibility by State Employees Appointed on Merit Basis- Such section 231 is further amended by adding at the end the following:CommentsClose CommentsPermalink
`(d) Determinations of Eligibility by State Employees Appointed on Merit Basis- All determinations of eligibility for trade readjustment allowances under this part shall be made by employees of the State who are appointed on a merit basis.'.CommentsClose CommentsPermalink
(d) Conforming Amendment- Section 233 of the Trade Act of 1974 (
SEC. 122. WEEKLY AMOUNTS.
(a) In General- Section 232 of the Trade Act of 1974 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `subsections (b) and (c)' and inserting `subsections (b), (c), and (d)';CommentsClose CommentsPermalink
(B) by striking `total unemployment' the first place it appears and inserting `unemployment'; andCommentsClose CommentsPermalink
(C) in paragraph (2), by adding at the end before the period the following: `, except that in the case of an adversely affected worker who is participating in full-time training under this chapter, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker's first exhaustion of unemployment insurance (as determined for purposes of section 231(a)(3)(B))';CommentsClose CommentsPermalink
(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; andCommentsClose CommentsPermalink
(3) by inserting after subsection (a) the following:CommentsClose CommentsPermalink
`(b)(1) Notwithstanding section 231(a)(3)(B), if an adversely affected worker who is participating in training qualifies for unemployment insurance under State law, based in whole or in part upon part-time or short-term employment following approval of the worker's initial trade readjustment allowance application under section 231(a), then for any week for which unemployment insurance is payable and for which the worker would otherwise be entitled to a trade readjustment allowance based upon the certification under section 223, the worker shall, in addition to any such unemployment insurance, be paid a trade readjustment allowance in the amount described in paragraph (2).CommentsClose CommentsPermalink
`(2) The trade readjustment allowance payable under paragraph (1) shall be equal to the weekly benefit amount of the unemployment insurance upon which the worker's trade readjustment allowance was initially determined under subsection (a), reduced by--CommentsClose CommentsPermalink
`(A) the amount of the unemployment insurance benefit payable to such worker for that week of unemployment for which a trade readjustment allowance is payable under paragraph (1); andCommentsClose CommentsPermalink
`(B) the amounts described in paragraphs (1) and (2) of subsection (a).'.CommentsClose CommentsPermalink
(b) Conforming Amendments- Section 233 of the Trade Act of 1974 (
(1) in subsection (a)(1), by striking `section 232(a)' and inserting `subsections (a) and (b) of section 232'; andCommentsClose CommentsPermalink
(2) in subsection (c), by striking `section 232(b)' and inserting `section 232(c)'.CommentsClose CommentsPermalink
SEC. 123. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES; ALLOWANCES FOR EXTENDED TRAINING AND BREAKS IN TRAINING.
Section 233(a) of the Trade Act of 1974 (
(1) in paragraph (2), by inserting `under paragraph (1)' after `trade readjustment allowance';CommentsClose CommentsPermalink
(2) in paragraph (3)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink
(i) by striking `52 additional weeks' and inserting `78 additional weeks'; andCommentsClose CommentsPermalink
(ii) by striking `52-week' and inserting `91-week'; andCommentsClose CommentsPermalink
(B) in the matter following subparagraph (B), by striking `52-week' and inserting `91-week'.CommentsClose CommentsPermalink
SEC. 124. SPECIAL RULES FOR CALCULATION OF ELIGIBILITY PERIOD.
Section 233 of the Trade Act of 1974 (
`(g) Special Rule for Calculating Separation- Notwithstanding any other provision of this chapter, any period during which a judicial or administrative appeal is pending with respect to the denial by the Secretary of a petition under section 223 shall not be counted for purposes of calculating the period of separation under subsection (a)(2) or for purposes of calculating time periods specified in section 231(a)(5)(A).CommentsClose CommentsPermalink
`(h) Special Rule for Justifiable Cause- The Secretary may extend the periods during which trade readjustment allowances are payable to an adversely affected worker under paragraphs (2) and (3) of subsection (a) and under subsection (f) (but not the maximum amounts of such allowances that are payable under this section), and the periods specified in section 231(a)(5)(A), if the Secretary determines that there is justifiable cause for such an extension, such as the failure to provide the worker with timely information, or justifiable breaks in training that exceed the period allowable under subsection (e).'.CommentsClose CommentsPermalink
SEC. 125. APPLICATION OF STATE LAWS AND REGULATIONS ON GOOD CAUSE FOR WAIVER OF TIME LIMITS OR LATE FILING OF CLAIMS.
Section 234 of the Trade Act of 1974 (
(1) by striking `Except where inconsistent' and inserting `(a) In General- Except where inconsistent'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(b) State Laws and Regulations on Good Cause for Waiver of Time Limits or Late Filing of Claims- Any law or regulation of a cooperating State under section 239 that allows for a waiver for good cause of any time limit, including a waiver for good cause to allow the late filing of any claim, for trade readjustment allowances or other adjustment assistance under this chapter shall, in the administration of the program by the State under this chapter, apply to the applicable time limitation referred to or specified in this chapter or any regulation prescribed to carry out this chapter.'.CommentsClose CommentsPermalink
SEC. 126. EMPLOYMENT AND CASE MANAGEMENT SERVICES.
(a) In General- Section 235 of the Trade Act of 1974 (
`SEC. 235. EMPLOYMENT AND CASE MANAGEMENT SERVICES.
`The Secretary shall provide, directly or through agreements with States under section 239, to adversely affected workers covered by a certification under subchapter A of this chapter the following employment and case management services:CommentsClose CommentsPermalink
`(1) Comprehensive and specialized assessment of skill levels and service needs, including through--CommentsClose CommentsPermalink
`(A) diagnostic testing and use of other assessment tools; andCommentsClose CommentsPermalink
`(B) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.CommentsClose CommentsPermalink
`(2) Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives.CommentsClose CommentsPermalink
`(3) Information on training available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training.CommentsClose CommentsPermalink
`(4) Information on how to apply for financial aid, including referring workers to educational opportunity centers under section 402F of the Higher Education Act of 1965, where applicable, and notifying workers that the workers may ask financial aid administrators at institutions of higher education to allow use of their current year income in the financial aid process.CommentsClose CommentsPermalink
`(5) Short-term prevocational services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for employment or training.CommentsClose CommentsPermalink
`(6) Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving a trade adjustment allowance or training under this chapter, and for purposes of job placement after receiving such training.CommentsClose CommentsPermalink
`(7) Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including--CommentsClose CommentsPermalink
`(A) job vacancy listings in such labor market areas;CommentsClose CommentsPermalink
`(B) information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A);CommentsClose CommentsPermalink
`(C) information relating to local occupations that are in demand and earnings potential of such occupations; andCommentsClose CommentsPermalink
`(D) skills requirements for local occupations described in subparagraph (C).CommentsClose CommentsPermalink
`(8) Supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The item relating to section 235 in the table of contents for title II of the Trade Act of 1974 is amended to read as follows:CommentsClose CommentsPermalink
`235. Employment and case management services.'.CommentsClose CommentsPermalink
SEC. 127. TRAINING.
(a) In General- Subsection (a)(1) of section 236 of the Trade Act of 1974 (
(b) Funding- Subsection (a)(2) of such section is amended--CommentsClose CommentsPermalink
(1) in subparagraph (A), to read as follows:CommentsClose CommentsPermalink
`(A) The total amount of payments that may be made under paragraph (1) for each of the fiscal years 2008 and 2009 shall not exceed $440,000,000. The total amount of payments that may be made under paragraph (1) for fiscal year 2010 and each subsequent fiscal year shall not exceed $660,000,000.'; andCommentsClose CommentsPermalink
(2) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink
`(B) Not later than 120 days after the date of the enactment of the Trade and Globalization Assistance Act of 2007, the Secretary shall establish and implement procedures for the allocation among the States in each fiscal year of funds available to pay the costs of training for workers under this section. The Secretary shall, at least 60 days before the date on which the procedures described in this subparagraph are first implemented, consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate with respect to such procedures.CommentsClose CommentsPermalink
`(C) In establishing and implementing the procedures under subparagraph (B), the Secretary shall--CommentsClose CommentsPermalink
`(i) provide for at least 3 distributions of funds available for training in the fiscal year, and, in the first such distribution, disburse not more than 50 percent of the total amount of funds available for training in that fiscal year;CommentsClose CommentsPermalink
`(ii) consider using a broad range of factors for the allocation of training funds distributed to States for each fiscal year, including factors such as--CommentsClose CommentsPermalink
`(I) the number of workers certified under sections 223 and 223A in the preceding fiscal year;CommentsClose CommentsPermalink
`(II) the total number of workers certified under sections 223 and 223A that are enrolled in training approved under this section;CommentsClose CommentsPermalink
`(III) the minimum level of funding necessary to provide training approved under this section; andCommentsClose CommentsPermalink
`(IV) notifications under the Worker Adjustment and Retraining Notification Act or other layoff notifications;CommentsClose CommentsPermalink
`(iii) after the initial distribution of training funds to States at the beginning of each fiscal year, provide for subsequent distributions of training funds remaining, based on the factors described in clause (ii) (but, in the case of the factor described in subclause (I) of clause (ii), based on data from the preceding 2 fiscal quarters) if a State requests the distribution of the remaining funds;CommentsClose CommentsPermalink
`(iv) ensure that any final distribution of funds during a fiscal year is made not later than July 1 of that fiscal year; andCommentsClose CommentsPermalink
`(v) develop an explicit policy for re-capture and redistribution of training funds, to the extent such re-capture and redistribution of training funds is necessary.'.CommentsClose CommentsPermalink
(c) Determinations Regarding Training- Subsection (a)(9) of such section is amended--CommentsClose CommentsPermalink
(1) by striking `The Secretary' and inserting `(A) Subject to subparagraph (B), the Secretary'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(B)(i) In determining under paragraph (1)(E) whether a worker is qualified to undertake and complete training, the Secretary may not disallow training for a period longer than the worker's period of eligibility for trade readjustment allowances under part I if the worker demonstrates that the worker has sufficient financial resources to complete the training after the expiration of the worker's period of eligibility for such trade readjustment allowances.CommentsClose CommentsPermalink
`(ii) In determining the reasonable cost of training under paragraph (1)(F) with respect to a worker, the Secretary may consider whether other public or private funds are reasonably available to the worker, except that the Secretary may not require a worker to obtain such funds as a condition of approval of training under paragraph (1).'.CommentsClose CommentsPermalink
(d) Determinations of Eligibility by State Employees Appointed on Merit Basis- Such section is further amended--CommentsClose CommentsPermalink
(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (d) the following:CommentsClose CommentsPermalink
`(e) Determinations of Eligibility by State Employees Appointed on Merit Basis- All determinations of eligibility for training under this section shall be made by employees of the State who are appointed on a merit basis.'.CommentsClose CommentsPermalink
(e) GAO Study and Report-CommentsClose CommentsPermalink
(1) STUDY- The Comptroller General of the United States shall conduct a study of the procedures for the allocation of training funds for workers under subparagraphs (B) and (C) of section 236(a)(2) of the Trade Act of 1974 (
(2) REPORTS-CommentsClose CommentsPermalink
(A) INTERIM REPORT- The Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate an interim report that contains the results of the study conducted under paragraph (1) for the first fiscal year with respect to which the procedures described in paragraph (1) are implemented.CommentsClose CommentsPermalink
(B) FINAL REPORT- The Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a final report that contains the results of the study conducted under paragraph (1) for the first three fiscal years with respect to which the procedures described in paragraph (1) are implemented.CommentsClose CommentsPermalink
SEC. 128. PREREQUISITE EDUCATION; APPROVED TRAINING PROGRAMS.
(a) In General- Section 236(a)(5) of the Trade Act of 1974 (
(1) in subparagraph (A)--CommentsClose CommentsPermalink
(A) by striking `and' at the end of clause (i);CommentsClose CommentsPermalink
(B) by adding `and' at the end of clause (ii); andCommentsClose CommentsPermalink
(C) by inserting after clause (ii) the following:CommentsClose CommentsPermalink
`(iii) apprenticeship programs registered under the National Apprenticeship Act (
(2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;CommentsClose CommentsPermalink
(3) by inserting after subparagraph (D) the following:CommentsClose CommentsPermalink
`(E) any program of prerequisite education or coursework required to enroll in training that may be approved under this section,';CommentsClose CommentsPermalink
(4) in subparagraph (F)(ii), as redesignated by paragraph (1), by striking `and' at the end;CommentsClose CommentsPermalink
(5) in subparagraph (G), as redesignated by paragraph (1), by striking the period at the end and inserting `, and'; andCommentsClose CommentsPermalink
(6) by adding at the end the following:CommentsClose CommentsPermalink
`(H) any training program or coursework at an accredited institution of higher education (as defined in section 102 of the Higher Education Act of 1965), including a training program or coursework for the purpose of--CommentsClose CommentsPermalink
`(i) obtaining a degree or certification; orCommentsClose CommentsPermalink
`(ii) completing a degree or certification that the worker had previously begun at an accredited institution of higher education.CommentsClose CommentsPermalink
The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998.'.CommentsClose CommentsPermalink
(b) Conforming Amendments- Section 233 of the Trade Act of 1974 (
(1) in subsection (a)(2), by inserting `prerequisite education or' after `requires a program of'; andCommentsClose CommentsPermalink
(2) in subsection (f) (as redesignated by section 121(d) of this Act), by inserting `prerequisite education or' after `includes a program of'.CommentsClose CommentsPermalink
SEC. 129. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE AND PROGRAM BENEFITS WHILE IN TRAINING.
(a) In General- Section 236(d) of the Trade Act of 1974 (
`(d) Eligibility- A worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subchapter--CommentsClose CommentsPermalink
`(1) because the worker--CommentsClose CommentsPermalink
`(A) is enrolled in training approved under subsection (a); orCommentsClose CommentsPermalink
`(B) left work--CommentsClose CommentsPermalink
`(i) that was not suitable employment in order to receive such training; orCommentsClose CommentsPermalink
`(ii) that the worker engaged in on a temporary basis during a break in such training or a delay in the commencement of such training; orCommentsClose CommentsPermalink
`(2) because of the application to any such week in training of the provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work.'.CommentsClose CommentsPermalink
(b) Definition- Subchapter B of chapter 2 of title II of the Trade Act of 1974 (
(1) in section 233(d) (as redesignated by section 121(d) of this Act), by inserting `suitable' before `on-the-job training'; andCommentsClose CommentsPermalink
(2) in section 236--CommentsClose CommentsPermalink
(A) by inserting `suitable' before `on-the-job training' each place it appears; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(h) Suitable On-the-Job Training- For purposes of this section, the term `suitable on-the-job training' means on-the-job training--CommentsClose CommentsPermalink
`(1) that can reasonably be expected to lead to suitable employment;CommentsClose CommentsPermalink
`(2) that is compatible with the skills of the worker;CommentsClose CommentsPermalink
`(3) that--CommentsClose CommentsPermalink
`(A) involves a curriculum through which the worker learns the skills necessary for the job for which the worker is being trained; andCommentsClose CommentsPermalink
`(B) can be measured by benchmarks that indicate that the worker is learning such skills; andCommentsClose CommentsPermalink
`(4) that is certified by the State as an on-the-job training program that meets the requirements of paragraph (3).'.CommentsClose CommentsPermalink
SEC. 130. ADMINISTRATIVE EXPENSES AND EMPLOYMENT AND CASE MANAGEMENT SERVICES.
(a) In General- Part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 (
`SEC. 236A. ADDITIONAL PAYMENTS FOR ADMINISTRATIVE EXPENSES AND EMPLOYMENT AND CASE MANAGEMENT SERVICES.
`(a) Administrative Expenses-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall provide to each State that receives a payment under section 236 for a fiscal year an additional payment for such fiscal year in an amount that is not less than 15 percent of the amount of the payment under section 236.CommentsClose CommentsPermalink
`(2) USE OF FUNDS- A State that receives an additional payment under paragraph (1) shall use the payment for administration of the trade adjustment assistance for workers program under this chapter, including for--CommentsClose CommentsPermalink
`(A) processing of waivers of training requirements under section 231;CommentsClose CommentsPermalink
`(B) collecting of data required under this chapter; andCommentsClose CommentsPermalink
`(C) providing services under section 235.CommentsClose CommentsPermalink
`(3) ADMINISTRATION REQUIREMENT- Funds provided to a State under this subsection for a fiscal year that are in excess of the amount of funds provided to the State for administration of the trade adjustment assistance for workers program under this chapter for fiscal year 2007 may only be administered by employees of the State who are appointed on a merit basis.CommentsClose CommentsPermalink
`(b) Additional Funding for Employment and Case Management Services-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall provide to each State that receives a payment under section 236 for a fiscal year an additional payment for such fiscal year in an amount that is not less than .06 percent of the total amount of payments that may be made in that fiscal year as described in section 236(a)(2).CommentsClose CommentsPermalink
`(2) USE OF FUNDS- A State that receives an additional payment under paragraph (1) shall use the payment for providing services under section 235.CommentsClose CommentsPermalink
`(3) ADMINISTRATION REQUIREMENT- Funds provided to a State under this subsection may only be administered by employees of the State who are appointed on a merit basis.CommentsClose CommentsPermalink
`(c) Funding- Funds provided to the States under this section shall not be counted toward the limitation contained in section 236(a)(2)(A).'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 236 the following:CommentsClose CommentsPermalink
`Sec. 236A. Additional payments for administrative expenses and employment and case management services.'.CommentsClose CommentsPermalink
SEC. 131. JOB SEARCH AND RELOCATION ALLOWANCES.
(a) Job Search Allowances- Section 237 of the Trade Act of 1974 (
(1) in subsection (a)(2)(C)(ii), by striking `, unless the worker received a waiver under section 231(c)'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `90 percent of the cost of' and inserting `all'; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking `$1,250' and inserting `$1,500'.CommentsClose CommentsPermalink
(b) Relocation Allowances- Section 238 of the Trade Act of 1974 (
(1) in subsection (a)(2)(E)(ii), by striking `, unless the worker received a waiver under section 231(c)'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `90 percent of the' and inserting `all'; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking `$1,250' and inserting `$1,500'.CommentsClose CommentsPermalink
Subtitle D--Health Care Provisions
SEC. 141. MODIFICATIONS RELATING HEALTH INSURANCE ASSISTANCE FOR CERTAIN TAA AND PBGC PENSION RECIPIENTS.
(a) Increase in Credit Percentage Amount-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (a) of section 35 of the Internal Revenue Code of 1986 is amended by striking `65 percent' and inserting `85 percent'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Subsection (b) of section 7527 of such Code is amended by striking `65 percent' and inserting `85 percent'.CommentsClose CommentsPermalink
(b) TAA Recipients Receiving Unemployment Compensation and Not Enrolled in Training Program Eligible for Credit- Paragraph (2) of section 35(c) of such Code is amended to read as follows:CommentsClose CommentsPermalink
`(2) ELIGIBLE TAA RECIPIENT- The term `eligible TAA recipient' means, with respect to any month, any individual who--CommentsClose CommentsPermalink
`(A) is receiving for any day of such month a trade readjustment allowance under chapter 2 of title II of the Trade Act of 1974, orCommentsClose CommentsPermalink
`(B) who is receiving unemployment compensation (as defined in section 85) for such month and who would be eligible to receive such allowance for such month if section 231 of such Act were applied without regard to subsections (a)(3)(B) and (a)(5) thereof.CommentsClose CommentsPermalink
An individual shall continue to be treated as an eligible TAA recipient during the first month that such individual would otherwise cease to be an eligible TAA recipient by reason of the preceding sentence.'.CommentsClose CommentsPermalink
(c) Eligibility for Eligible Individuals Made Retroactive to TAA-Related Loss of Employment- Subsection (c) of section 35 of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(5) RETROACTIVE ELIGIBILITY FOR TAA RECIPIENTS- In the case of any individual who is an eligible TAA recipient or eligible alternative TAA recipient for any month, such individual shall be treated as an eligible individual for any month which precedes such month and which begins after the later of--CommentsClose CommentsPermalink
`(A) the date of the separation from employment which gives rise to such individual being an eligible TAA recipient or eligible alternative TAA recipient, orCommentsClose CommentsPermalink
`(B) December 31, 2007.'.CommentsClose CommentsPermalink
(d) Continued Qualification of Family Members After Certain Events-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (g) of section 35 of such Code is amended by redesignating paragraph (9) as paragraph (10) and inserting after paragraph (8) the following new paragraph:CommentsClose CommentsPermalink
`(9) CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS-CommentsClose CommentsPermalink
`(A) MEDICARE ELIGIBILITY- In the case of any month which would be an eligible coverage month with respect to an eligible individual but for subsection (f)(2)(A), such month shall be treated as an eligible coverage month with respect to such eligible individual solely for purposes of determining the amount of the credit under this section with respect to any qualifying family members of such individual (and any advance payment of such credit under section 7527). This subparagraph shall only apply with respect to the first 36 months after such eligible individual is first entitled to the benefits described in subsection (f)(2)(A).CommentsClose CommentsPermalink
`(B) DIVORCE- In the case of the finalization of a divorce between an eligible individual and such individual's spouse, such spouse shall be treated as an eligible individual for purposes of this section and section 7527 for a period of 36 months beginning with the date of such finalization, except that the only qualifying family members who may be taken into account with respect to such spouse are those individuals who were qualifying family members immediately before such finalization.CommentsClose CommentsPermalink
`(C) DEATH- In the case of the death of an eligible individual--CommentsClose CommentsPermalink
`(i) any spouse of such individual (determined at the time of such death) shall be treated as an eligible individual for purposes of this section and section 7527 for a period of 36 months beginning with the date of such death, except that the only qualifying family members who may be taken into account with respect to such spouse are those individuals who were qualifying family members immediately before such death, andCommentsClose CommentsPermalink
`(ii) any individual who was a qualifying family member of the decedent immediately before such death (or, in the case of an individual to whom paragraph (4) applies, the taxpayer to whom the deduction under section 151 is allowable) shall be treated as an eligible individual for purposes of this section and section 7527 for a period of 36 months beginning with the date of such death, except that in determining the amount of such credit only such qualifying family member may be taken into account.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 173(f) of the Workforce Investment Act of 1998 (
`(8) CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS-CommentsClose CommentsPermalink
`(A) MEDICARE ELIGIBILITY- In the case of any month which would be an eligible coverage month with respect to an eligible individual but for paragraph (7)(B)(i), such month shall be treated as an eligible coverage month with respect to such eligible individual solely for purposes of determining the eligibility of qualifying family members of such individual under this subsection. This subparagraph shall only apply with respect to the first 36 months after such eligible individual is first entitled to the benefits described in paragraph (7)(B)(i).CommentsClose CommentsPermalink
`(B) DIVORCE- In the case of the finalization of a divorce between an eligible individual and such individual's spouse, such spouse shall be treated as an eligible individual for purposes of this subsection for a period of 36 months beginning with the date of such finalization, except that the only qualifying family members who may be taken into account with respect to such spouse are those individuals who were qualifying family members immediately before such finalization.CommentsClose CommentsPermalink
`(C) DEATH- In the case of the death of an eligible individual--CommentsClose CommentsPermalink
`(i) any spouse of such individual (determined at the time of such death) shall be treated as an eligible individual for purposes of this subsection for a period of 36 months beginning with the date of such death, except that the only qualifying family members who may be taken into account with respect to such spouse are those individuals who were qualifying family members immediately before such death, andCommentsClose CommentsPermalink
`(ii) any individual who was a qualifying family member of the decedent immediately before such death shall be treated as an eligible individual for purposes this subsection for a period of 36 months beginning with the date of such death, except that no qualifying family members may be taken into account with respect to such individual.'.CommentsClose CommentsPermalink
(e) Modification of Creditable Coverage Requirement-CommentsClose CommentsPermalink
(1) IN GENERAL- Subparagraph (B) of section 35(e)(2) of such Code is amended to read as follows:CommentsClose CommentsPermalink
`(B) QUALIFYING INDIVIDUAL- For purposes of this paragraph, the term `qualifying individual' means an eligible individual and the qualifying family members of such individual if such individual meets the requirements of clauses (iii) and (iv) of subsection (b)(1)(A) and--CommentsClose CommentsPermalink
`(i) in the case of an eligible TAA recipient or an eligible alternative TAA recipient, has (as of the date on which the individual seeks to enroll in the coverage described in subparagraphs (B) through (H) of paragraph (1)) a period of creditable coverage (as defined in section 9801(c)), orCommentsClose CommentsPermalink
`(ii) in the case of an eligible PBGC pension recipient, enrolls in such coverage during the 90-day period beginning on the later of--CommentsClose CommentsPermalink
`(I) the last day of the first month with respect to which such recipient becomes an eligible PBGC pension recipient, orCommentsClose CommentsPermalink
`(II) the date of the enactment of this subparagraph.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Clause (ii) of section 172(f)(2)(B) of the Workforce Investment Act of 1998 (
`(ii) QUALIFYING INDIVIDUAL- For purposes of this subparagraph, the term `qualifying individual' means an eligible individual and the qualifying family members of such individual if such individual meets the requirements of clauses (iii) and (iv) of section 35(b)(1)(A) of the Internal Revenue Code of 1986 and--CommentsClose CommentsPermalink
`(I) in the case of an eligible TAA recipient or an eligible alternative TAA recipient, has (as of the date on which the individual seeks to enroll in the coverage described in clauses (ii) through (viii) of subparagraph (A)) a period of creditable coverage (as defined in section 9801(c) of such Code), orCommentsClose CommentsPermalink
`(II) in the case of an eligible PBGC pension recipient, enrolls in such coverage during the 90-day period beginning on the later of--CommentsClose CommentsPermalink
`(aa) the last day of the first month with respect to which such recipient becomes an eligible PBGC pension recipient, orCommentsClose CommentsPermalink
`(bb) the date of the enactment of this clause.'.CommentsClose CommentsPermalink
(3) OUTREACH- The Secretary of the Treasury shall carry out a program to notify individuals prior to their becoming eligible PBGC pension recipients (as defined in section 35 of the Internal Revenue Code of 1986) of the requirement of subsection (e)(2)(B)(ii) of such section, as added by this subsection.CommentsClose CommentsPermalink
(f) TAA Pre-Certification Period Rule for Purposes of Determining Whether There Is a 63-Day Lapse in Creditable Coverage-CommentsClose CommentsPermalink
(1) IRC AMENDMENT- Section 9801(c)(2) of the Internal Revenue Code of 1986 (relating to not counting periods before significant breaks in creditable coverage) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(D) TAA-ELIGIBLE INDIVIDUALS-CommentsClose CommentsPermalink
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date which is 5 days after the postmark date of the notice by the Secretary (or by any person or entity designated by the Secretary) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 shall not be taken into account in determining the continuous period under subparagraph (A).CommentsClose CommentsPermalink
`(ii) DEFINITIONS- The terms `TAA-eligible individual', and `TAA-related loss of coverage' have the meanings given such terms in section 4980B(f)(5)(C)(iv).'.CommentsClose CommentsPermalink
(2) ERISA AMENDMENT- Section 701(c)(2) of the Employee Retirement Income Security Act of 1974 (
`(C) TAA-ELIGIBLE INDIVIDUALS-CommentsClose CommentsPermalink
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date that is 5 days after the postmark date of the notice by the Secretary (or by any person or entity designated by the Secretary) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 of the Internal Revenue Code of 1986 shall not be taken into account in determining the continuous period under subparagraph (A).CommentsClose CommentsPermalink
`(ii) DEFINITIONS- The terms `TAA-eligible individual', and `TAA-related loss of coverage' have the meanings given such terms in section 605(b)(4)(c).'.CommentsClose CommentsPermalink
(3) PHSA AMENDMENT- Section 2701(c)(2) of the Public Health Service Act (
`(C) TAA-ELIGIBLE INDIVIDUALS-CommentsClose CommentsPermalink
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date that is 5 days after the postmark date of the notice by the Secretary (or by any person or entity designated by the Secretary) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 of the Internal Revenue Code of 1986 shall not be taken into account in determining the continuous period under subparagraph (A).CommentsClose CommentsPermalink
`(ii) DEFINITIONS- The terms `TAA-eligible individual', and `TAA-related loss of coverage' have the meanings given such terms in section 2205(b)(4)(c).'.CommentsClose CommentsPermalink
(g) Rating System Requirement for Certain State-Based Coverage-CommentsClose CommentsPermalink
(1) IN GENERAL- Subparagraph (A) of section 35(e)(2) of such Code is amended by adding at the end the following new clause:CommentsClose CommentsPermalink
`(v) RATING SYSTEM REQUIREMENT- In the case of coverage described in paragraph (1)(F)(ii), the premiums for such coverage are restricted, based on a community rating system with respect to eligible individuals and their qualifying family members, or based on a rate-band system under which the maximum rate which may be charged does not exceed 150 percent of the standard rate with respect to eligible individuals and their qualifying family members.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Clause (i) of section 173(f)(2)(B) of the Workforce Investment Act of 1998 (
`(V) RATING SYSTEM REQUIREMENT- In the case of coverage described in subparagraph (A)(vi)(II), the premiums for such coverage are restricted, based on a community rating system with respect to eligible individuals and their qualifying family members, or based on a rate-band system under which the maximum rate which may be charged does not exceed 150 percent of the standard rate with respect to eligible individuals and their qualifying family members.'.CommentsClose CommentsPermalink
(h) Termination of Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 35 of such Code is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(h) Termination- An individual shall not be treated as an eligible individual for purposes of this section or section 7527 for any month beginning after December 31, 2009, unless such individual was an eligible individual for a continuous period of months ending with such month and beginning before such date.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Subsection (f) of section 173 of the Workforce Investment Act of 1998 (
`(8) TERMINATION- An individual shall not be treated as an eligible individual for purposes of this subsection for any month beginning after December 31, 2009, unless such individual was an eligible individual for a continuous period of months ending with such month and beginning before such date.'.CommentsClose CommentsPermalink
(i) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall apply to months beginning after December 31, 2007, in taxable years ending after such date.CommentsClose CommentsPermalink
(2) RATING SYSTEM REQUIREMENT- The amendments made by subsection (g) shall apply to months beginning after March 31, 2008, in taxable years ending after such date.CommentsClose CommentsPermalink
(3) DISCRETION TO DELAY EFFECTIVE DATE FOR PURPOSES OF ADVANCE PAYMENT PROGRAM- Solely for purposes of carrying out the advance payment program under section 7527, the Secretary may provide that one or more amendments made by subsections (b), (c), and (d) shall not apply to one or more months beginning before March 31, 2008, to the extent that the Secretary determines that such delay is necessary to properly implement any such amendment as part of such program.CommentsClose CommentsPermalink
(j) GAO Study and Report-CommentsClose CommentsPermalink
(1) STUDY- The Comptroller General of the United States shall conduct a study regarding the health insurance tax credit allowed under section 35 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
(2) REPORT- Not later than March 1, 2009, the Comptroller General shall submit a report to Congress regarding the results of the study conducted under paragraph (1). Such report shall include an analysis of--CommentsClose CommentsPermalink
(A) the administrative costs--CommentsClose CommentsPermalink
(i) of the Federal Government with respect to such credit and the advance payment of such credit under section 7527 of such Code, andCommentsClose CommentsPermalink
(ii) of providers of qualified health insurance with respect to providing such insurance to eligible individuals and their qualifying family members,CommentsClose CommentsPermalink
(B) the health status and relative risk status of eligible individuals and qualifying family members covered under such insurance,CommentsClose CommentsPermalink
(C) participation in such credit and the advance payment of such credit by eligible individuals and their qualifying family members, including the reasons why such individuals did or did not participate and the effect of the amendments made by this section on such participation, andCommentsClose CommentsPermalink
(D) the extent to which eligible individuals and their qualifying family members--CommentsClose CommentsPermalink
(i) obtained health insurance other than qualifying health insurance, orCommentsClose CommentsPermalink
(ii) went without health insurance coverage.CommentsClose CommentsPermalink
(3) ACCESS TO RECORDS- For purposes of conducting the study required under this subsection, the Comptroller General and any of his duly authorized representatives shall have access to, and the right to examine and copy, all documents, records, and other recorded information--CommentsClose CommentsPermalink
(A) within the possession or control of providers of qualified health insurance, andCommentsClose CommentsPermalink
(B) determined by the Comptroller General (or any such representative) to be relevant to the study.CommentsClose CommentsPermalink
The Comptroller General shall not disclose the identity of any provider of qualified health insurance or any eligible individual in making any information obtained under this section available to the public.CommentsClose CommentsPermalink
(4) DEFINITIONS- Any term which is defined in section 35 of the Internal Revenue Code of 1986 shall have the same meaning when used in this subsection.CommentsClose CommentsPermalink
SEC. 142. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS.
(a) ERISA Amendments- Section 602(2)(A) of the Employee Retirement Income Security Act of 1974 (
(1) by moving clause (v) to after clause (iv) and before the flush left sentence beginning with `In the case of a qualified beneficiary';CommentsClose CommentsPermalink
(2) by striking `In the case of a qualified beneficiary' and inserting the following:CommentsClose CommentsPermalink
`(vi) SPECIAL RULE FOR DISABILITY- In the case of a qualified beneficiary'; andCommentsClose CommentsPermalink
(3) by redesignating clauses (v) and (vi), as amended by paragraphs (1) and (2), as clauses (viii) and (ix) and by inserting after clause (iv) the following new clauses:CommentsClose CommentsPermalink
`(v) SPECIAL RULE FOR PBGC RECIPIENTS- In the case of a qualifying event described in section 603(2) with respect to a covered employee who (as of such qualifying event) has a nonforeitable right to a benefit any portion of which is to be paid by the Pension Benefit Guaranty Corporation under title IV, notwithstanding clause (i) or (ii), the date of the death of the covered employee, or in the case of the surviving spouse or dependent children of the covered employee, 36 months after the date of the death of the covered employee.CommentsClose CommentsPermalink
`(vi) SPECIAL RULE FOR TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in section 603(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (vii), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 605(b)(4)(B)), the period of coverage shall not terminate by reason of clause (i) or (ii), as the case may be, before the later of the date specified in such clause or the date on which such individual ceases to be such a TAA-eligible individual.CommentsClose CommentsPermalink
`(vii) SPECIAL RULE FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in section 603(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (vi), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 605(b)(4)(B)) and who (as of such qualifying event) has attainted age 55 or has completed 10 or more years of service with the employer, clauses (i) and (ii) shall not apply.'.CommentsClose CommentsPermalink
(b) IRC Amendments- Clause (i) of section 4980B(f)(2)(B) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink
(1) by striking `In the case of a qualified beneficiary' and inserting the following:CommentsClose CommentsPermalink
`(VI) SPECIAL RULE FOR DISABILITY- In the case of a qualified beneficiary', andCommentsClose CommentsPermalink
(2) by redesignating subclauses (V) and (VI), as amended by paragraph (1), as subclauses (VIII) and (IX) and by inserting after clause (IV) the following new subclauses:CommentsClose CommentsPermalink
`(V) SPECIAL RULE FOR PBGC RECIPIENTS- In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who (as of such qualifying event) has a nonforeitable right to a benefit any portion of which is to be paid by the Pension Benefit Guaranty Corporation under title IV of the Employee Retirement Income Security Act of 1974, notwithstanding subclause (I) or (II), the date of the death of the covered employee, or in the case of the surviving spouse or dependent children of the covered employee, 36 months after the date of the death of the covered employee.CommentsClose CommentsPermalink
`(VI) SPECIAL RULE FOR TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who is (as of the date that the period of coverage would, but for this subclause or subclause (VII), otherwise terminate under subclause (I) or (II)) a TAA-eligible individual (as defined in paragraph (5)(C)(iv)(II)), the period of coverage shall not terminate by reason of subclause (I) or (II), as the case may be, before the later of the date specified in such subclause or the date on which such individual ceases to be such a TAA-eligible individual.CommentsClose CommentsPermalink
`(VII) SPECIAL RULE FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who is (as of the date that the period of coverage would, but for this subclause or subclause (VI), otherwise terminate under subclause (I) or (II)) a TAA-eligible individual (as defined in paragraph (5)(C)(iv)(II)) and who (as of such qualifying event) has attainted age 55 or has completed 10 or more years of service with the employer, subclauses (I) and (II) shall not apply.'.CommentsClose CommentsPermalink
(c) PHSA Amendments- Section 2202(2)(A) of the Public Health Service Act (
(1) by striking `In the case of a qualified beneficiary' and inserting the following:CommentsClose CommentsPermalink
`(v) SPECIAL RULE FOR DISABILITY- In the case of a qualified beneficiary'; andCommentsClose CommentsPermalink
(2) by redesignating clauses (iv) and (v), as amended by paragraph (1), as clauses (vi) and (vii) and by inserting after clause (iii) the following new clauses:CommentsClose CommentsPermalink
`(iv) SPECIAL RULE FOR TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in section 2203(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (v), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 2205(b)(4)(B)), the period of coverage shall not terminate by reason of clause (i) or (ii), as the case may be, before the later of the date specified in such clause or the date on which such individual ceases to be such a TAA-eligible individual.CommentsClose CommentsPermalink
`(v) SPECIAL RULE FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS- In the case of a qualifying event described in section 2203(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (iv), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 2205(b)(4)(B)) and who (as of such qualifying event) has attainted age 55 or has completed 10 or more years of service with the employer, clauses (i) and (ii) shall not apply.'.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after January 1, 2008.CommentsClose CommentsPermalink
Subtitle E--Wage Insurance
SEC. 151. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM FOR OLDER WORKERS.
(a) In General- Section 246 of the Trade Act of 1974 (
(1) by amending the heading to read as follows: `reemployment trade adjustment assistance';CommentsClose CommentsPermalink
(2) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `alternative' and inserting `reemployment';CommentsClose CommentsPermalink
(B) in paragraph (2)(A), by striking `for a period not to exceed 2 years' and inserting `for the eligibility period under paragraph (3)(C)'; andCommentsClose CommentsPermalink
(C) by striking paragraphs (3) through (5) and inserting the following:CommentsClose CommentsPermalink
`(3) ELIGIBILITY-CommentsClose CommentsPermalink
`(A) IN GENERAL- A group of workers certified under subchapter A as eligible for adjustment assistance under subchapter A is eligible for benefits described in paragraph (2) under the program established under paragraph (1).CommentsClose CommentsPermalink
`(B) INDIVIDUAL ELIGIBILITY- A worker in a group of workers described in subparagraph (A) may elect to receive benefits described in paragraph (2) under the program established under paragraph (1) if the worker--CommentsClose CommentsPermalink
`(i) is at least 50 years of age;CommentsClose CommentsPermalink
`(ii) earns not more than $60,000 each year in wages from reemployment;CommentsClose CommentsPermalink
`(iii)(I) is employed on a full-time basis as defined by State law in the State in which the worker is employed; orCommentsClose CommentsPermalink
`(II) is employed at least 20 hours per week and is enrolled in training approved under section 236; andCommentsClose CommentsPermalink
`(iv) is not employed at the firm from which the worker was separated.CommentsClose CommentsPermalink
In the case of a worker described in clause (iii)(II), the percentage referred to in paragraph (2)(A) shall be deemed to be a percentage equal to 1/2 of the ratio of weekly hours of employment referred to in clause (iii)(II) to weekly hours of employment of that worker at the time of separation (but not more than 50 percent).CommentsClose CommentsPermalink
`(C) ELIGIBILITY PERIOD FOR PAYMENTS- A worker in a group of workers described in subparagraph (A) may receive payments described in paragraph (2)(A) under the program established under paragraph (1) for a period not to exceed 2 years from the date on which the worker exhausts all rights to unemployment insurance based on the separation of the worker from adversely affected employment or the date on which the worker obtains reemployment, whichever is earlier.CommentsClose CommentsPermalink
`(D) TRAINING AND OTHER SERVICES- A worker described in subparagraph (B) shall be eligible to receive training approved under section 236 and services under section 235.CommentsClose CommentsPermalink
`(4) TOTAL AMOUNT OF PAYMENTS- The payments described in paragraph (2)(A) made to a worker may not exceed $12,000 per worker during the eligibility period under paragraph (3)(C).CommentsClose CommentsPermalink
`(5) LIMITATION ON OTHER BENEFITS- A worker described in paragraph (3) may not receive a trade readjustment allowance under part I of subchapter B during any week for which the worker receives a payment described in paragraph (2)(A).'; andCommentsClose CommentsPermalink
(3) in subsection (b)(2), by striking `subsection (a)(3)(B)' and inserting `subsection (a)(3)'.CommentsClose CommentsPermalink
(b) Extension of Program- Subsection (b)(1) of such section is amended by striking `5' and inserting `10'.CommentsClose CommentsPermalink
(c) Clerical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by striking the item relating to section 246 and inserting the following:CommentsClose CommentsPermalink
`Sec. 246. Reemployment trade adjustment assistance program.'.CommentsClose CommentsPermalink
Subtitle F--Other Matters
SEC. 161. RESTRICTION ON ELIGIBILITY FOR PROGRAM BENEFITS.
(a) In General- Subchapter A of chapter 2 of title II of the Trade Act of 1974 (
`SEC. 226. RESTRICTION ON ELIGIBILITY FOR PROGRAM BENEFITS.
`No benefit allowances, training, or other employment services may be provided under this chapter to a worker who is an alien unless the alien is an individual lawfully admitted for permanent residence to the United States, is lawfully present in the United States, or is permanently residing in the United States under color of law.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents of the Trade Act of 1974 is amended by adding after the item relating to section 225 the following:CommentsClose CommentsPermalink
`226. Restriction on eligibility for program benefits.'.CommentsClose CommentsPermalink
SEC. 162. AGREEMENTS WITH STATES.
(a) In General- Subsection (a) of section 239 of the Trade Act of 1974 (
(1) by striking `will' each place it appears and inserting `shall'; andCommentsClose CommentsPermalink
(2) in clause (2), to read as follows: `(2) in accordance with subsection (f), shall provide adversely affected workers covered by a certification under subchapter A the employment and case management services described in section 235'.CommentsClose CommentsPermalink
(b) Outreach- Subsection (f) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (3), by striking `and' at the end;CommentsClose CommentsPermalink
(2) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink
`(4) perform outreach, intake (which may include worker profiling) and orientation for assistance and benefits available under this chapter for adversely affected workers covered by a certification under subchapter A of this chapter, and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(5) provide adversely affected workers covered by a certification under subchapter A of this chapter with employment and case management services described in section 235.'.CommentsClose CommentsPermalink
SEC. 163. FRAUD AND RECOVERY OF OVERPAYMENTS.
Section 243(a)(1) of the Trade Act of 1974 (
(1) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink
(A) by striking `may waive' and inserting `shall waive'; andCommentsClose CommentsPermalink
(B) by striking `, in accordance with guidelines prescribed by the Secretary,'; andCommentsClose CommentsPermalink
(2) in subparagraph (B), by striking `would be contrary to equity and good conscience' and inserting `would cause a financial hardship for the individual (or the individual's household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household)'.CommentsClose CommentsPermalink
SEC. 164. TECHNICAL AMENDMENTS.
(a) In General- Section 249 of the Trade Act of 1974 (
(1) in the heading, by striking `subpena' and inserting `subpoena'; andCommentsClose CommentsPermalink
(2) in the text, by striking `subpena' and inserting `subpoena' each place it appears.CommentsClose CommentsPermalink
(b) Clerical Amendment- The item relating to section 249 in the table of contents for title II of the Trade Act of 1974 is amended to read as follows:CommentsClose CommentsPermalink
`249. Subpoena power.'.CommentsClose CommentsPermalink
SEC. 165. OFFICE OF TRADE ADJUSTMENT ASSISTANCE; DEPUTY ASSISTANT SECRETARY FOR TRADE ADJUSTMENT ASSISTANCE.
(a) In General- Subchapter C of chapter 2 of title II of the Trade Act of 1974 (
`SEC. 250. OFFICE OF TRADE ADJUSTMENT ASSISTANCE; DEPUTY ASSISTANT SECRETARY FOR TRADE ADJUSTMENT ASSISTANCE.
`(a) Establishment- There is established in the Department of Labor an office to be known as the Office of Trade Adjustment Assistance (hereinafter in this section referred to as the `Office').CommentsClose CommentsPermalink
`(b) Head of Office- The head of the Office shall be the Deputy Assistant Secretary for Trade Adjustment Assistance (hereinafter in this section referred to as the `Deputy Assistant Secretary'), who shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink
`(c) Principle Functions- The principle functions of the Deputy Assistant Secretary shall be--CommentsClose CommentsPermalink
`(1) to oversee and implement the administration of trade adjustment assistance for workers under this chapter; andCommentsClose CommentsPermalink
`(2) to carry out functions delegated to the Secretary of Labor under this chapter, including--CommentsClose CommentsPermalink
`(A) making determinations under section 223 or 223A;CommentsClose CommentsPermalink
`(B) providing information about the program and assisting groups of workers and other parties to prepare petitions or applications for program benefits under section 225;CommentsClose CommentsPermalink
`(C) ensuring workers covered by a certification receive the employment services described in section 235;CommentsClose CommentsPermalink
`(D) ensuring States fully comply with agreements under section 239;CommentsClose CommentsPermalink
`(E) acting as a vigorous advocate for workers applying for assistance under this chapter;CommentsClose CommentsPermalink
`(F) receiving complaints, grievances, and requests for assistance from workers under this chapter;CommentsClose CommentsPermalink
`(G) establishing and overseeing a hotline that workers, employers, and other entities may call to obtain information regarding eligibility criteria, procedural requirements, and benefits available under this chapter; andCommentsClose CommentsPermalink
`(H) carrying out such other duties with respect to this chapter as the President may specify for purposes of this section.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 249 the following:CommentsClose CommentsPermalink
`Sec. 250. Office of Trade Adjustment Assistance; Deputy Assistant Secretary for Trade Adjustment Assistance.'.CommentsClose CommentsPermalink
SEC. 166. COLLECTION OF DATA AND REPORTS; INFORMATION TO WORKERS.
(a) In General- Subchapter C of chapter 2 of title II of the Trade Act of 1974 (
`SEC. 250A. COLLECTION OF DATA AND REPORTS; INFORMATION TO WORKERS.
`(a) In General- Not later than 90 days after the date of the enactment of the Trade and Globalization Assistance Act of 2007, the Secretary shall implement a system to collect and publicly disseminate data on all adversely affected workers who apply for or receive adjustment assistance under this chapter.CommentsClose CommentsPermalink
`(b) Data To Be Included- The system required under subsection (a) shall include collection of the following data classified by State, industry, and nationwide totals:CommentsClose CommentsPermalink
`(1) The number of petitions and number of workers covered by petitions filed, certified and denied.CommentsClose CommentsPermalink
`(2) The date of filing of each petition and the date of the determination, and the average processing time, by year, on petitions.CommentsClose CommentsPermalink
`(3) A breakdown, by the claimed cause of dislocation, of petitions denied, such as increased imports, shift in production, and other bases for eligibility.CommentsClose CommentsPermalink
`(4) A breakdown of the number of certified petitions by the cause of dislocation, such as increase in imports, shift in production, and other causes of eligibility for adjustment assistance.CommentsClose CommentsPermalink
`(5) The number of workers participating in any aspect of the adjustment assistance program under this chapter.CommentsClose CommentsPermalink
`(6) Reemployment rates and sectors in which dislocated workers have been employed after receiving adjustment assistance under this chapter.CommentsClose CommentsPermalink
`(7) The type of adjustment assistance received under this chapter, such as training or education assistance, reemployment adjustment assistance, cash benefits, health coverage, and relocation allowances, the number of workers receiving each type of assistance, and the average duration of time workers receive each type of assistance.CommentsClose CommentsPermalink
`(8) The fields of training or education in which workers receiving training or education benefits under this chapter are enrolled, the number of workers participating in each field, classified by major types of training or education.CommentsClose CommentsPermalink
`(9) The number of workers leaving training before completing a course of training or education, classified by the cause for early termination.CommentsClose CommentsPermalink
`(10) The number of training waivers granted, classified by type of waiver.CommentsClose CommentsPermalink
`(11) The wages of workers before separation and any job obtained after receiving benefits under the trade adjustment assistance program under this chapter.CommentsClose CommentsPermalink
`(12) The average duration of training that was completed.CommentsClose CommentsPermalink
`(c) Collection of Data From States- The Secretary is authorized to collect such data from the States as is necessary to carry out this section.CommentsClose CommentsPermalink
`(d) Report- Not later than 16 months after the date of the enactment of the Trade and Globalization Assistance Act of 2007, and annually thereafter, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and any other congressional committee of appropriate jurisdiction, a report on whether changes to eligibility requirements, benefits, or training funding under the trade adjustment assistance program under this chapter should be made based on the data collected under subsection (b).CommentsClose CommentsPermalink
`(e) Availability on Website of the Department of Labor- The Secretary shall make the data collected under subsection (b) publicly available on the website of the Department of Labor, in a searchable format, and shall update the data quarterly.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 250 (as added by section 163(b) of this Act) the following:CommentsClose CommentsPermalink
`Sec. 250A. Collection of data and reports; information to workers.'.CommentsClose CommentsPermalink
SEC. 167. EXTENSION OF TAA PROGRAM.
(a) For Workers- Section 245(a) of the Trade Act of 1974 (
(b) Termination- Section 285 of the Trade Act of 1974 (
(c) For Farmers- Section 298(a) of the Trade Act of 1974 (
SEC. 168. JUDICIAL REVIEW.
Section 284 of the Trade Act of 1974 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by inserting `or 223A' after `223'; andCommentsClose CommentsPermalink
(B) by striking `271' and inserting `273';CommentsClose CommentsPermalink
(2) by amending subsection (b) to read as follows:CommentsClose CommentsPermalink
`(b) Standard of Review- The Court of International Trade shall have jurisdiction to review the case as provided in section 706 of title 5, Untied States Code. The findings of fact by the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, must be supported by substantial evidence and must be based on a reasonable investigation. The Court of International Trade may--CommentsClose CommentsPermalink
`(1) remand the case to such Secretary to take further evidence; orCommentsClose CommentsPermalink
`(2) reverse the action of such Secretary.CommentsClose CommentsPermalink
If the case is remanded under paragraph (1), the Secretary concerned may make new or modified findings of fact and may modify the Secretary's previous action, and shall certify to the court the record of the further proceedings. The new or modified findings of fact must be supported by substantial evidence and must be based on a reasonable investigation.'; andCommentsClose CommentsPermalink
(3) in subsection (c), by striking the first sentence.CommentsClose CommentsPermalink
SEC. 169. LIBERAL CONSTRUCTION OF CERTIFICATION OF WORKERS AND FIRMS.
(a) In General- Chapter 5 of title II of the Trade Act of 1974 (
`SEC. 288. LIBERAL CONSTRUCTION OF CERTIFICATION OF WORKERS AND FIRMS.
`The provisions of chapter 2 (relating to adjustment assistance for workers) and the provisions of chapter 3 (relating to adjustment assistance for firms) shall be liberally construed in favor of certifying workers for assistance under such chapter 2 and certifying firms for assistance under such chapter 3.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 287 the following:CommentsClose CommentsPermalink
`Sec. 288. Liberal construction of certification of workers and firms.'.CommentsClose CommentsPermalink
TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
SEC. 201. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.
(a) In General- Section 251 of the Trade Act of 1974 (
(1) in subsection (a), by inserting `or service sector firm' after `(including any agricultural firm';CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A), by inserting `or service sector firm' after `any agricultural firm'; andCommentsClose CommentsPermalink
(ii) in subparagraph (B)--CommentsClose CommentsPermalink
(I) in clause (i), by striking `, or' and inserting a comma;CommentsClose CommentsPermalink
(II) in clause (ii)--CommentsClose CommentsPermalink
(aa) by inserting `or service' after `of an article'; andCommentsClose CommentsPermalink
(bb) by striking `, and' and inserting a comma; andCommentsClose CommentsPermalink
(III) by adding at the end the following:CommentsClose CommentsPermalink
`(iii) sales or production, or both, of the firm, during the period consisting of not more than 36 months preceding the most recent 12-month period for which data are available, have decreased absolutely, orCommentsClose CommentsPermalink
`(iv) sales or production, or both, of an article or service that accounted for not less than 25 percent of the total production or sales of the firm during the 36-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and'; andCommentsClose CommentsPermalink
(B) in the matter preceding subparagraph (A) of paragraph (2), by striking `paragraph (1)(C)--' and inserting `paragraph (1)(C):'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(e) Basis for the Determination of the Secretary-CommentsClose CommentsPermalink
`(1) INCREASED IMPORTS- For purposes of subsection (c)(1)(C), the Secretary--CommentsClose CommentsPermalink
`(A) may use data from any of the preceding three calendar years to determine if the requirements of such subsection have been met;CommentsClose CommentsPermalink
`(B) may determine that increases of imports of like or directly competitive articles or services exist if customers accounting for a significant percentage of the decrease in the sales of the firm certify to the Secretary that such customers are obtaining such articles or services from a foreign country; andCommentsClose CommentsPermalink
`(C) may, in determining whether increased imports of like or directly competitive articles or services exist, give special consideration to whether it is difficult to demonstrate an increase of such imports if the share of such imports relative to production or consumption in the United States of the article produced or service provided by the firm concerned is already significant.CommentsClose CommentsPermalink
`(2) PROCESS AND METHODS FOR OBTAINING CERTIFICATIONS-CommentsClose CommentsPermalink
`(A) REQUEST BY PETITIONER- If requested by a firm, the Secretary shall obtain the certifications under paragraph (1)(B) in such manner as the Secretary determines is appropriate.CommentsClose CommentsPermalink
`(B) PROTECTION OF CONFIDENTIAL INFORMATION- The Secretary may not release information obtained under subparagraph (A) that the Secretary considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the Secretary, or such party subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit a court from requiring the submission of such confidential business information to the court in camera.CommentsClose CommentsPermalink
`(f) Notification to Firms of Availability of Benefits- Upon receiving notice from the Secretary of Labor under section 225(c) of the identity of a firm or firms that are covered by a certification issued under section 223 or 223A, the Secretary of Commerce shall notify such firm or firms of the availability of adjustment assistance under this chapter.'.CommentsClose CommentsPermalink
(b) Definition- Section 261 of the Trade Act of 1974 (
(1) by striking `For purposes of' and inserting `(a) Firm- For purposes of'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(b) Service Sector Firm- For purposes of this chapter, the term `service sector firm' means a firm engaged in the business of providing services.'.CommentsClose CommentsPermalink
SEC. 202. EXTENSION OF AUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.
Section 256(b) of the Trade Act of 1974 (
(1) by striking `and $4,000,000 for the 3-month period beginning on October 1, 2007,' inserting `and $50,000,000 for each of fiscal years 2008 through 2012,' after `fiscal years 2003 through 2007,'; andCommentsClose CommentsPermalink
(2) by inserting after the first sentence the following: `Of the amounts appropriated pursuant to this subsection for each fiscal year, $350,000 shall be available for full-time positions in the Department of Commerce to administer the program under this chapter.'.CommentsClose CommentsPermalink
SEC. 203. INDUSTRY-WIDE PROGRAMS FOR THE DEVELOPMENT OF NEW SERVICES.
Section 265(a) of the Trade Act of 1974 (
(1) in the first sentence, by striking `new product development' and inserting `the development of new products and services'; andCommentsClose CommentsPermalink
(2) in the second sentence, by inserting `, 223A,' after `223'.CommentsClose CommentsPermalink
SEC. 204. DEMONSTRATION PROJECT ON STRATEGIC TRADE TRANSFORMATION ASSISTANCE.
(a) In General- Chapter 3 of title II of the Trade Act of 1974 (
`SEC. 266. DEMONSTRATION PROJECT ON STRATEGIC TRADE TRANSFORMATION ASSISTANCE.
`(a) In General- The Secretary shall conduct a demonstration project (in this section referred to as the `project') to demonstrate a programmatic framework that will allow small- and medium-sized manufacturers in the United States to gain access to resources that will help them better compete domestically and globally. The project should include among its primary goals the following:CommentsClose CommentsPermalink
`(1) Expanding the number of firms capable of taking advantage of a trade remedy program without drastically increasing the cost of the remedy to the taxpayer.CommentsClose CommentsPermalink
`(2) Certifying and providing assistance to approximately 700 firms.CommentsClose CommentsPermalink
`(3) Integrating the benefits of other applicable government programs into the project, and making benefits from the project subject to that integration.CommentsClose CommentsPermalink
`(4) Increasing the number of small- and medium-sized firms that export and increasing the value of exports from these firms.CommentsClose CommentsPermalink
`(5) Increasing revenues that small- and medium-sized firms derive from sales to the Federal Government and State and local governments.CommentsClose CommentsPermalink
`(6) Expanding technology availability to the small- and medium-sized firm segment by increasing access to, and adoption of, the latest technologies being developed at Federal laboratories and at universities.CommentsClose CommentsPermalink
`(7) Improving the business and manufacturing practices of small- and medium-sized firms to enable them to become competitive in a global marketplace.CommentsClose CommentsPermalink
`(b) Advisory Board-CommentsClose CommentsPermalink
`(1) IN GENERAL- In carrying out the project, the Secretary shall establish an advisory board comprised of representatives described in paragraph (2) to provide advice and recommendations with respect to the establishment and operation of the project.CommentsClose CommentsPermalink
`(2) REPRESENTATIVES- Representatives referred to in paragraph (1) shall consist of the respective executive directors of each Trade Adjustment Assistance Center affiliated with the trade adjustment assistance for firms program under this chapter.CommentsClose CommentsPermalink
`(c) Duration- The Secretary shall conduct the project for the 3-year period beginning on the date that is 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
`(d) Administration of Project- In implementing the project, the Secretary shall give preference, in entering into contracts for the operation and administration of the project, to Trade Adjustment Assistance Centers affiliated with the trade adjustment assistance for firms program under this chapter.CommentsClose CommentsPermalink
`(e) Report- The Secretary shall submit to the Congress a report on the project under this section not later than 6 months after the date of the completion of the project. Such report shall include--CommentsClose CommentsPermalink
`(1) information on the impact of the project on mitigating the impact of imports in terms of competitiveness; andCommentsClose CommentsPermalink
`(2) recommendations on the cost-effectiveness of extending or expanding the project.CommentsClose CommentsPermalink
`(f) Funding- Of the amounts made available to carry out this chapter for fiscal years 2008 through 2012, not more than $1,000,000 for each such fiscal year is authorized to be made available to carry out this section.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 265 the following:CommentsClose CommentsPermalink
`Sec. 266. Demonstration project on strategic trade transformation assistance.'.CommentsClose CommentsPermalink
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
SEC. 301. ELIGIBILITY OF CERTAIN OTHER PRODUCERS.
Section 292 of the Trade Act of 1974 (
(1) in subsection (a), by inserting `and on the Website of the Department of Agriculture' after `Federal Register'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(f) Eligibility of Certain Other Producers- An agricultural commodity producer or group of producers that resides outside of the State or region identified in a petition filed under subsection (a) may file a request to become a party to that petition not later than 30 days after the date notice is published in the Federal Register and on the Website of the Department of Agriculture with respect to that petition.'.CommentsClose CommentsPermalink
TITLE IV--UNEMPLOYMENT INSURANCE
SEC. 401. SHORT TITLE.
This title may be cited as the `Unemployment Insurance Modernization Act'.CommentsClose CommentsPermalink
SEC. 402. SPECIAL TRANSFERS TO STATE ACCOUNTS IN THE UNEMPLOYMENT TRUST FUND.
(a) In General- Section 903 of the Social Security Act (
`Special Transfers in Fiscal Years 2008 Through 2012 for Modernization
`(f)(1)(A) In addition to any other amounts, the Secretary of Labor shall provide for the making of unemployment compensation modernization incentive payments (hereinafter `incentive payments') to the accounts of the States in the Unemployment Trust Fund, by transfer from amounts reserved for that purpose in the Federal unemployment account, in accordance with succeeding provisions of this subsection.CommentsClose CommentsPermalink
`(B) The maximum incentive payment allowable under this subsection with respect to any State shall, as determined by the Secretary of Labor, be equal to the amount obtained by multiplying $7,000,000,000 times the same ratio as is applicable under subsection (a)(2)(B) for purposes of determining such State's share of any funds to be transferred under subsection (a) as of October 1, 2007.CommentsClose CommentsPermalink
`(C) Of the maximum incentive payment determined under subparagraph (B) with respect to a State--CommentsClose CommentsPermalink
`(i) one-third shall be transferred to the account of such State upon a certification under paragraph (4)(B) that the State law of such State meets the requirements of paragraph (2); andCommentsClose CommentsPermalink
`(ii) the remainder shall be transferred to the account of such State upon a certification under paragraph (4)(B) that the State law of such State meets the requirements of paragraph (3).CommentsClose CommentsPermalink
`(2) The State law of a State meets the requirements of this paragraph if such State law--CommentsClose CommentsPermalink
`(A) uses a base period that includes the most recently completed calendar quarter before the start of the benefit year for purposes of determining eligibility for unemployment compensation; orCommentsClose CommentsPermalink
`(B) provides that, in the case of an individual who would not otherwise be eligible for unemployment compensation under the State law because of the use of a base period that does not include the most recently completed calendar quarter before the start of the benefit year, eligibility shall be determined using a base period that includes such calendar quarter.CommentsClose CommentsPermalink
`(3) The State law of a State meets the requirements of this paragraph if such State law includes provisions to carry out at least 2 of the following subparagraphs:CommentsClose CommentsPermalink
`(A) An individual shall not be denied regular unemployment compensation under any State law provisions relating to availability for work, active search for work, or refusal to accept work, solely because such individual is seeking only part-time (and not full-time) work, except that the State law provisions carrying out this subparagraph may exclude an individual if a majority of the weeks of work in such individual's base period do not include part-time work.CommentsClose CommentsPermalink
`(B) An individual shall not be disqualified from regular unemployment compensation for separating from employment if that separation is for compelling family reasons. For purposes of this subparagraph, the term `compelling family reasons' includes at least the following:CommentsClose CommentsPermalink
`(i) Domestic violence (verified by such reasonable and confidential documentation as the State law may require) which causes the individual reasonably to believe that such individual's continued employment would jeopardize the safety of the individual or of any member of the individual's immediate family.CommentsClose CommentsPermalink
`(ii) The illness or disability of a member of the individual's immediate family.CommentsClose CommentsPermalink
`(iii) The need for the individual to accompany such individual's spouse--CommentsClose CommentsPermalink
`(I) to a place from which it is impractical for such individual to commute; andCommentsClose CommentsPermalink
`(II) due to a change in location of the spouse's employment.CommentsClose CommentsPermalink
`(C) Weekly unemployment compensation is payable under this subparagraph to any individual who is unemployed (as determined under the State unemployment compensation law), has exhausted all rights to regular and (if applicable) extended unemployment compensation under the State law, and is enrolled and making satisfactory progress in a State-approved training program or in a job training program authorized under the Workforce Investment Act of 1998. Such program shall prepare individuals who have been separated from a declining occupation, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high-demand occupation. The amount of unemployment compensation payable under this subparagraph to an individual for a week of unemployment shall be equal to the individual's average weekly benefit amount (including dependents' allowances) for the most recent benefit year, and the total amount of unemployment compensation payable under this subparagraph to any individual shall be equal to at least 26 times the individual's average weekly benefit amount (including dependents' allowances) for the most recent benefit year.CommentsClose CommentsPermalink
`(4)(A) Any State seeking an incentive payment under this subsection shall submit an application therefor at such time, in such manner, and complete with such information as the Secretary of Labor may by regulation prescribe, including information relating to compliance with the requirements of paragraph (2) or (3), as well as how the State intends to use the incentive payment to improve or strengthen the State's unemployment compensation program. The Secretary of Labor shall, within 90 days after receiving a complete application, notify the State agency of the State of the Secretary's findings with respect to the requirements of paragraph (2) or (3) (or both).CommentsClose CommentsPermalink
`(B) If the Secretary of Labor finds that the State law provisions (disregarding any State law provisions which are not then currently in effect as permanent law or which are subject to discontinuation under certain conditions) meet the requirements of paragraph (2) or (3), as the case may be, the Secretary of Labor shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the incentive payment to be transferred to the State account pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer within 30 days after receiving such certification.CommentsClose CommentsPermalink
`(C)(i) No certification of compliance with the requirements of paragraph (2) or (3) may be made with respect to any State whose State law is not otherwise eligible for certification under section 303 or approvable under section 3304 of the Federal Unemployment Tax Act.CommentsClose CommentsPermalink
`(ii) No certification of compliance with the requirements of paragraph (3) may be made with respect to any State whose State law is not in compliance with the requirements of paragraph (2).CommentsClose CommentsPermalink
`(iii) No application under subparagraph (A) may be considered if submitted before October 1, 2007, or after the latest date necessary (as specified by the Secretary of Labor in regulations) to ensure that all incentive payments under this subsection are made before October 1, 2012.CommentsClose CommentsPermalink
`(5)(A) Except as provided in subparagraph (B), any amount transferred to the account of a State under this subsection may be used by such State only in the payment of cash benefits to individuals with respect to their unemployment (including for dependents' allowances and for unemployment compensation under paragraph (3)(C)), exclusive of expenses of administration.CommentsClose CommentsPermalink
`(B) A State may, subject to the same conditions as set forth in subsection (c)(2) (excluding subparagraph (B) thereof, and deeming the reference to `subsections (a) and (b)' in subparagraph (D) thereof to include this subsection), use any amount transferred to the account of such State under this subsection for the administration of its unemployment compensation law and public employment offices.CommentsClose CommentsPermalink
`(6) Out of any money in the Federal unemployment account not otherwise appropriated, the Secretary of the Treasury shall reserve $7,000,000,000 for incentive payments under this subsection. Any amount so reserved shall not be taken into account for purposes of any determination under section 902, 910, or 1203 of the amount in the Federal unemployment account as of any given time. Any amount so reserved for which the Secretary of the Treasury has not received a certification under paragraph (4)(B) by the deadline described in paragraph (4)(C)(iii) shall, upon the close of fiscal year 2012, become unrestricted as to use as part of the Federal unemployment account.CommentsClose CommentsPermalink
`(7) For purposes of this subsection, the terms `benefit year', `base period', and `week' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (
`Special Transfers in Fiscal Years 2008 Through 2012 for Administration
`(g)(1) Notwithstanding any other provision of this section, the total amount available for transfer to the accounts of the States pursuant to subsection (a) as of the beginning of each of fiscal years 2008, 2009, 2010, 2011, and 2012 shall be equal to the total amount which (disregarding this subsection) would otherwise be so available, increased by $100,000,000.CommentsClose CommentsPermalink
`(2) Each State's share of any additional amount made available by this subsection shall be determined, certified, and computed in the same manner as described in subsection (a)(2) and shall be subject to the same limitations on transfers as described in subsection (b). For purposes of applying subsection (b)(2), the balance of any advances made to a State under section 1201 shall be credited against, and operate to reduce (but not below zero)--CommentsClose CommentsPermalink
`(A) first, any additional amount which, as a result of the enactment of this subsection, is to be transferred to the account of such State in a fiscal year; andCommentsClose CommentsPermalink
`(B) second, any amount which (disregarding this subsection) is otherwise to be transferred to the account of such State pursuant to subsections (a) and (b) in such fiscal year.CommentsClose CommentsPermalink
`(3) Any additional amount transferred to the account of a State as a result of the enactment of this subsection--CommentsClose CommentsPermalink
`(A) may be used by the State agency of such State only in the payment of expenses incurred by it for--CommentsClose CommentsPermalink
`(i) the administration of the provisions of its State law carrying out the purposes of subsection (f)(2) or any subparagraph of subsection (f)(3);CommentsClose CommentsPermalink
`(ii) improved outreach to individuals who might be eligible for regular unemployment compensation by virtue of any provisions of the State law which are described in clause (i);CommentsClose CommentsPermalink
`(iii) the improvement of unemployment benefit and unemployment tax operations; andCommentsClose CommentsPermalink
`(iv) staff-assisted reemployment services for unemployment compensation claimants; andCommentsClose CommentsPermalink
`(B) shall be excluded from the application of subsection (c).CommentsClose CommentsPermalink
`(4) The total additional amount made available by this subsection in a fiscal year shall be taken out of the amounts remaining in the employment security administration account after subtracting the total amount which (disregarding this subsection) is otherwise required to be transferred from such account in such fiscal year pursuant to subsections (a) and (b).'.CommentsClose CommentsPermalink
(b) Regulations- The Secretary of Labor may prescribe any regulations necessary to carry out the amendment made by subsection (a).CommentsClose CommentsPermalink
SEC. 403. EXTENSION OF FUTA TAX.
Section 3301 of the Internal Revenue Code of 1986 (relating to rate of tax) is amended--CommentsClose CommentsPermalink
(1) by striking `2007' in paragraph (1) and inserting `2010', andCommentsClose CommentsPermalink
(2) by striking `2008' in paragraph (2) and inserting `2011'.CommentsClose CommentsPermalink
SEC. 404. SAFETY NET REVIEW COMMISSION.
(a) Establishment- The Secretary of Labor shall establish an advisory commission to be known as the `Safety Net Review Commission' (hereinafter in this section referred to as the `Commission').CommentsClose CommentsPermalink
(b) Function- It shall be the function of the Commission to evaluate the unemployment compensation program, the Trade Adjustment Assistance program, the Job Corps program, a program under the Workforce Investment Act, and other employment assistance programs, including the purpose, goals, countercyclical effectiveness, coverage, benefit adequacy, trust fund solvency, funding of State administrative costs, administrative efficiency, and any other aspects of each such program, as well as any related provisions of the Internal Revenue Code of 1986, and to make recommendations for their improvement.CommentsClose CommentsPermalink
(c) Members-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission shall consist of 11 members as follows:CommentsClose CommentsPermalink
(A) Five members appointed by the President, to include representatives of business, labor, State government, and the public.CommentsClose CommentsPermalink
(B) Three members appointed by the President pro tempore of the Senate, in consultation with the Chairman and ranking member of the Committee on Finance of the Senate.CommentsClose CommentsPermalink
(C) Three members appointed by the Speaker of the House of Representatives, in consultation with the Chairman and ranking member of the Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink
(2) QUALIFICATIONS- In appointing members under subparagraphs (B) and (C) of paragraph (1), the President pro tempore of the Senate and the Speaker of the House of Representatives shall each appoint--CommentsClose CommentsPermalink
(A) one representative of the interests of business,CommentsClose CommentsPermalink
(B) one representative of the interests of labor, andCommentsClose CommentsPermalink
(C) one representative of the interests of State governments.CommentsClose CommentsPermalink
(3) VACANCIES- A vacancy in the Commission shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink
(4) CHAIRMAN- The President shall appoint the Chairman of the Commission from among its members.CommentsClose CommentsPermalink
(d) Staff and Other Assistance-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission may engage any technical assistance (including actuarial services) required by the Commission to carry out its functions under this section.CommentsClose CommentsPermalink
(2) ASSISTANCE FROM SECRETARY OF LABOR- The Secretary of Labor shall provide the Commission with any staff, office facilities, and other assistance, and any data prepared by the Department of Labor, required by the Commission to carry out its functions under this section.CommentsClose CommentsPermalink
(e) Compensation- Each member of the Commission--CommentsClose CommentsPermalink
(1) shall be entitled to receive compensation at the rate of pay for level V of the Executive Schedule under
(2) while engaged in the performance of such duties away from such member's home or regular place of business, shall be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of such title 5 for persons in the Government employed intermittently.CommentsClose CommentsPermalink
(f) Report- Not later than 6 months after the date of the enactment of this Act, the Commission shall submit to the President and the Congress a report setting forth the findings and recommendations of the Commission as a result of its evaluation under this section.CommentsClose CommentsPermalink
(g) Termination- The Commission shall terminate 2 months after submitting its report pursuant to subsection (f).CommentsClose CommentsPermalink
TITLE V--MANUFACTURING REDEVELOPMENT ZONES
SEC. 501. MANUFACTURING REDEVELOPMENT ZONES.
(a) In General- Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part:CommentsClose CommentsPermalink
`PART III--MANUFACTURING REDEVELOPMENT ZONES
`Sec. 1400U-1. Designation of manufacturing redevelopment zones.CommentsClose CommentsPermalink
`Sec. 1400U-2. Eligibility criteria.CommentsClose CommentsPermalink
`Sec. 1400U-3. Manufacturing redevelopment tax credit bonds.CommentsClose CommentsPermalink
`Sec. 1400U-4. Tax-exempt manufacturing zone facility bonds.CommentsClose CommentsPermalink
`Sec. 1400U-5. Additional low-income housing credits.CommentsClose CommentsPermalink
`SEC. 1400U-1. DESIGNATION OF MANUFACTURING REDEVELOPMENT ZONES.
`(a) In General- From among the areas nominated for designation under this section, the Secretary may designate manufacturing redevelopment zones.CommentsClose CommentsPermalink
`(b) Limitations on Designations- The Secretary may designate in the aggregate 24 nominated areas as manufacturing redevelopment zones, subject to the availability of eligible nominated areas. The Secretary shall designate manufacturing redevelopment zones in such manner that the aggregate population of all such zones does not exceed 2,000,000.CommentsClose CommentsPermalink
`(c) Period Designation May Be Made- A designation may be made under subsection (a) only during the 2-year period beginning on the date of the enactment of this section.CommentsClose CommentsPermalink
`(d) Period for Which Designation Is in Effect-CommentsClose CommentsPermalink
`(1) IN GENERAL- Any designation under this section shall remain in effect during the period beginning on the date of the designation and ending on the earliest of--CommentsClose CommentsPermalink
`(A) the close of the 10th calendar year beginning on or after the date of the designation,CommentsClose CommentsPermalink
`(B) the termination date designated by the State and local governments as provided for in their nomination, orCommentsClose CommentsPermalink
`(C) the date the Secretary revokes the designation.CommentsClose CommentsPermalink
`(2) REVOCATION OF DESIGNATION- The Secretary may revoke the designation under this section of an area if such Secretary determines that the local government or the State in which it is located--CommentsClose CommentsPermalink
`(A) has modified the boundaries of the area, orCommentsClose CommentsPermalink
`(B) is not complying substantially with, or fails to make progress in achieving the benchmarks set forth in, the strategic plan included with the application.CommentsClose CommentsPermalink
`(e) Limitations on Designations; Application- Rules similar to the rules of subsections (e) and (f) of section 1391 shall apply for purposes of this section except that the rules of such subsection (f) shall be applied with respect to the eligibility criteria specified in section 1400U-2.CommentsClose CommentsPermalink
`(f) Determinations of Population- Any determination of population under this part shall be made on the basis of the most recent decennial census for which data are available.CommentsClose CommentsPermalink
`SEC. 1400U-2. ELIGIBILITY CRITERIA.
`(a) In General- A nominated area shall be eligible for designation under section 1400U-1 only if--CommentsClose CommentsPermalink
`(1) it meets each of the criteria specified in section 1392(a),CommentsClose CommentsPermalink
`(2) the nominated area has experienced a significant decline in the number of individuals employed in manufacturing or has a high concentration of abandoned or underutilized manufacturing facilities, andCommentsClose CommentsPermalink
`(3) no portion of the nominated area is located in an empowerment zone or renewal community, unless the local government which nominated the area elects to terminate such designation as an empowerment zone or renewal community.CommentsClose CommentsPermalink
`(b) Application of Certain Rules; Definitions- For purposes of this subchapter--CommentsClose CommentsPermalink
`(1) rules similar to the rules of subsections (b), (c), and (d) of section 1392 and paragraphs (4), (7), (8), and (9) of section 1393(a) shall apply, andCommentsClose CommentsPermalink
`(2) any term defined in section 1393 shall have the same meaning when used in this subchapter.CommentsClose CommentsPermalink
`(c) Discretion to Adjust Requirements- In determining whether a nominated area is eligible for designation as a manufacturing redevelopment zone, the Secretary may, where necessary to carry out the purposes of this part, waive the requirement of section 1392(a)(4) if it is shown that the nominated area has experienced a loss of manufacturing jobs during the previous 20 years which is in excess of 25 percent.CommentsClose CommentsPermalink
`SEC. 1400U-3. MANUFACTURING REDEVELOPMENT TAX CREDIT BONDS.
`(a) In General- For purposes of subpart I of part IV of subchapter A (relating to qualified tax credit bonds), the term `manufacturing redevelopment bond' means any bond issued as part of an issue if--CommentsClose CommentsPermalink
`(1) 100 percent of the available project proceeds of such issue are to be used for one or more qualified manufacturing redevelopment purposes,CommentsClose CommentsPermalink
`(2) the bond is not a private activity bond, andCommentsClose CommentsPermalink
`(3) the local government which nominated the area to which such bond relates designates such bond for purposes of this section.CommentsClose CommentsPermalink
`(b) Limitation on Amount of Bonds Designated- The maximum aggregate face amount of bonds which may be designated under subsection (a) with respect to any manufacturing redevelopment zone shall not exceed $150,000,000.CommentsClose CommentsPermalink
`(c) Qualified Manufacturing Redevelopment Purpose- For purposes of this section, the term `qualified manufacturing redevelopment purposes' means capital expenditures paid or incurred with respect to property located in a manufacturing redevelopment zone for purposes of promoting development or other economic activity in such zone, including expenditures for environmental remediation, improvements to public infrastructure, and construction of public facilities.CommentsClose CommentsPermalink
`(d) Definitions- For purposes of this section, any term used in this section which is also used in section 54A shall have the same meaning given such term by section 54A.CommentsClose CommentsPermalink
`SEC. 1400U-4. TAX-EXEMPT MANUFACTURING ZONE FACILITY BONDS.
`(a) In General- For purposes of part IV of subchapter B (relating to tax exemption requirements for State and local bonds), the term `exempt facility bond' includes any bond issued as part of an issue if--CommentsClose CommentsPermalink
`(1) 95 percent or more of the net proceeds (as defined in section 150(a)(3)) of such issue are to be used for manufacturing zone property, andCommentsClose CommentsPermalink
`(2) the local government which nominated the area to which such bond relates designates such bond for purposes of this section.CommentsClose CommentsPermalink
`(b) Limitation on Amount of Bonds Designated-CommentsClose CommentsPermalink
`(1) IN GENERAL- The aggregate face amount of bonds which may be designated under subsection (a)(2) with respect to any manufacturing redevelopment zone shall not exceed $230,000,000.CommentsClose CommentsPermalink
`(2) CURRENT REFUNDING NOT TAKEN INTO ACCOUNT- In the case of a refunding (or series of refundings) of a bond designated under this section, the refunding obligation shall be treated as designated under subsection (a)(2) (and shall not be taken into account in applying paragraph (1)) if--CommentsClose CommentsPermalink
`(A) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, andCommentsClose CommentsPermalink
`(B) the refunded bond is redeemed not later than 90 days after the date of issuance of the refunding bond.CommentsClose CommentsPermalink
`(c) Limitation on Amount of Bonds Allocable to Any Person-CommentsClose CommentsPermalink
`(1) IN GENERAL- Subsection (a) shall not apply to any issue if the aggregate amount of outstanding manufacturing zone facility bonds allocable to any person (taking into account such issue) exceeds--CommentsClose CommentsPermalink
`(A) $15,000,000 with respect to any 1 manufacturing redevelopment zone, orCommentsClose CommentsPermalink
`(B) $20,000,000 with respect to all manufacturing redevelopment zones.CommentsClose CommentsPermalink
`(2) AGGREGATE ENTERPRISE ZONE FACILITY BOND BENEFIT- For purposes of paragraph (1), the aggregate amount of outstanding manufacturing zone facility bonds allocable to any person shall be determined under rules similar to the rules of section 144(a)(10), taking into account only bonds to which subsection (a) applies.CommentsClose CommentsPermalink
`(d) Manufacturing Zone Property- For purposes of this section--CommentsClose CommentsPermalink
`(1) IN GENERAL- The term `manufacturing zone property' means any property to which section 168 applies (or would apply but for section 179) if--CommentsClose CommentsPermalink
`(A) such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) after the date on which the designation of the manufacturing redevelopment zone took effect,CommentsClose CommentsPermalink
`(B) the original use of which in the manufacturing redevelopment zone commences with the taxpayer, andCommentsClose CommentsPermalink
`(C) substantially all of the use of which is in the manufacturing redevelopment zone and is in the active conduct of a qualified business by the taxpayer in such zone.CommentsClose CommentsPermalink
`(2) QUALIFIED BUSINESS- The term `qualified business' means any trade or business except that--CommentsClose CommentsPermalink
`(A) the rental to others of real property located in a manufacturing redevelopment zone shall be treated as a qualified business only if the property is not residential rental property (as defined in section 168(e)(2)), andCommentsClose CommentsPermalink
`(B) such term shall not include any trade or business consisting of the operation of any facility described in section 144(c)(6)(B).CommentsClose CommentsPermalink
`(3) SPECIAL RULES FOR SUBSTANTIAL RENOVATIONS AND SALE-LEASEBACK- Rules similar to the rules of subsections (a)(2) and (b) of section 1397D shall apply for purposes of this subsection.CommentsClose CommentsPermalink
`(e) Nonapplication of Certain Rules- Sections 57(a)(5) (relating to tax-exempt interest), 146 (relating to volume cap), and 147(d) (relating to acquisition of existing property not permitted) shall not apply to any manufacturing zone facility bond.CommentsClose CommentsPermalink
`SEC. 1400U-5. ADDITIONAL LOW-INCOME HOUSING CREDITS.
`(a) In General- For purposes of section 42, in the case of each calendar year during which the designation of a manufacturing redevelopment zone is in effect, the State housing credit ceiling of the State which includes such manufacturing redevelopment zone shall be increased by the lesser of--CommentsClose CommentsPermalink
`(1) the aggregate housing credit dollar amount allocated by the State housing credit agency of such State to buildings located in such manufacturing redevelopment zone for such calendar year, orCommentsClose CommentsPermalink
`(2) the excess of--CommentsClose CommentsPermalink
`(A) the manufacturing zone housing amount with respect to such manufacturing redevelopment zone, overCommentsClose CommentsPermalink
`(B) the aggregate increases under this subsection with respect to such zone for all preceding calendar years.CommentsClose CommentsPermalink
`(b) Manufacturing Zone Housing Amount- For purposes of subsection (a), the term `manufacturing zone housing amount' means, with respect to any manufacturing redevelopment zone, the product of $20 multiplied by the population of such zone.CommentsClose CommentsPermalink
`(c) Other Rules-CommentsClose CommentsPermalink
`(1) CARRYOVERS- Rules similar to the rules of section 1400N(c)(1)(C) shall apply for purposes of this section.CommentsClose CommentsPermalink
`(2) RETURNED AMOUNTS- If any amount of State housing credit ceiling which was taken into account under subsection (a)(1) is returned within the meaning of section 42(h)(3)(C)(iii)--CommentsClose CommentsPermalink
`(A) such amount shall not be taken into account under such section, andCommentsClose CommentsPermalink
`(B) such allocation shall cease to be treated as an increase under this subsection for purposes of subsection (a)(2)(B) until reallocated.'.CommentsClose CommentsPermalink
(b) Application of Work Opportunity Tax Credit to Manufacturing Redevelopment Zones- Subparagraphs (A) and (B) of section 51(d)(5) of such Code are each amended by inserting `manufacturing redevelopment zone,' after `renewal community,'.CommentsClose CommentsPermalink
(c) Conforming Amendments Related to Manufacturing Redevelopment Tax Credit Bonds-CommentsClose CommentsPermalink
(1) GENERAL RULES- Part IV of subchapter A of chapter 1 of such Code (relating to credits against tax) is amended by adding at the end the following new subpart:CommentsClose CommentsPermalink
`Subpart I--Qualified Tax Credit Bonds
`Sec. 54A. Credit to holders of qualified tax credit bonds.CommentsClose CommentsPermalink
`SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED TAX CREDIT BONDS.
`(a) Allowance of Credit- If a taxpayer holds a qualified tax credit bond on one or more credit allowance dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates.CommentsClose CommentsPermalink
`(b) Amount of Credit-CommentsClose CommentsPermalink
`(1) IN GENERAL- The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified tax credit bond is 25 percent of the annual credit determined with respect to such bond.CommentsClose CommentsPermalink
`(2) ANNUAL CREDIT- The annual credit determined with respect to any qualified tax credit bond is the product of--CommentsClose CommentsPermalink
`(A) the applicable credit rate, multiplied byCommentsClose CommentsPermalink
`(B) the outstanding face amount of the bond.CommentsClose CommentsPermalink
`(3) APPLICABLE CREDIT RATE- For purposes of paragraph (2), the applicable credit rate is the rate which the Secretary estimates will permit the issuance of qualified tax credit bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. The applicable credit rate with respect to any qualified tax credit bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond.CommentsClose CommentsPermalink
`(4) SPECIAL RULE FOR ISSUANCE AND REDEMPTION- In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures.CommentsClose CommentsPermalink
`(c) Limitation Based on Amount of Tax-CommentsClose CommentsPermalink
`(1) IN GENERAL- The credit allowed under subsection (a) for any taxable year shall not exceed the excess of--CommentsClose CommentsPermalink
`(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, overCommentsClose CommentsPermalink
`(B) the sum of the credits allowable under this part (other than subpart C and this subpart).CommentsClose CommentsPermalink
`(2) CARRYOVER OF UNUSED CREDIT- If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year).CommentsClose CommentsPermalink
`(d) Qualified Tax Credit Bond- For purposes of this section--CommentsClose CommentsPermalink
`(1) QUALIFIED TAX CREDIT BOND- The term `qualified tax credit bond' means a manufacturing redevelopment bond (as defined in section 1400U-3) which is part of an issue that meets the requirements of paragraphs (2), (3), (4), (5), and (6).CommentsClose CommentsPermalink
`(2) SPECIAL RULES RELATING TO EXPENDITURES-CommentsClose CommentsPermalink
`(A) IN GENERAL- An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects--CommentsClose CommentsPermalink
`(i) 100 percent or more of the available project proceeds to be spent for 1 or more qualified purposes within the 3-year period beginning on such date of issuance, andCommentsClose CommentsPermalink
`(ii) a binding commitment with a third party to spend at least 10 percent of such available project proceeds will be incurred within the 6-month period beginning on such date of issuance.CommentsClose CommentsPermalink
`(B) FAILURE TO SPEND REQUIRED AMOUNT OF BOND PROCEEDS WITHIN 3 YEARS-CommentsClose CommentsPermalink
`(i) IN GENERAL- To the extent that less than 100 percent of the available project proceeds of the issue are expended by the close of the expenditure period for 1 or more qualified purposes, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142.CommentsClose CommentsPermalink
`(ii) EXPENDITURE PERIOD- For purposes of this subpart, the term `expenditure period' means, with respect to any issue, the 3-year period beginning on the date of issuance. Such term shall include any extension of such period under clause (iii).CommentsClose CommentsPermalink
`(iii) EXTENSION OF PERIOD- Upon submission of a request prior to the expiration of the expenditure period (determined without regard to any extension under this clause), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within the original expenditure period is due to reasonable cause and the expenditures for qualified purposes will continue to proceed with due diligence.CommentsClose CommentsPermalink
`(C) QUALIFIED PURPOSE- For purposes of this paragraph, the term `qualified purpose' means a purpose specified in section 1400U-3(a)(1).CommentsClose CommentsPermalink
`(D) REIMBURSEMENT- For purposes of this subtitle, available project proceeds of an issue shall be treated as spent for a qualified purpose if such proceeds are used to reimburse the issuer for amounts paid for a qualified purpose after the date that the Secretary makes an allocation of bond limitation with respect to such issue, but only if--CommentsClose CommentsPermalink
`(i) prior to the payment of the original expenditure, the issuer declared its intent to reimburse such expenditure with the proceeds of a qualified tax credit bond,CommentsClose CommentsPermalink
`(ii) not later than 60 days after payment of the original expenditure, the issuer adopts an official intent to reimburse the original expenditure with such proceeds, andCommentsClose CommentsPermalink
`(iii) the reimbursement is made not later than 18 months after the date the original expenditure is paid.CommentsClose CommentsPermalink
`(3) REPORTING- An issue shall be treated as meeting the requirements of this paragraph if the issuer of qualified tax credit bonds submits reports similar to the reports required under section 149(e).CommentsClose CommentsPermalink
`(4) SPECIAL RULES RELATING TO ARBITRAGE-CommentsClose CommentsPermalink
`(A) IN GENERAL- An issue shall be treated as meeting the requirements of this paragraph if the issuer satisfies the requirements of section 148 with respect to the proceeds of the issue.CommentsClose CommentsPermalink
`(B) SPECIAL RULE FOR INVESTMENTS DURING EXPENDITURE PERIOD- An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any investment of available project proceeds during the expenditure period.CommentsClose CommentsPermalink
`(C) SPECIAL RULE FOR RESERVE FUNDS- An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any fund which is expected to be used to repay such issue if--CommentsClose CommentsPermalink
`(i) such fund is funded at a rate not more rapid than equal annual installments,CommentsClose CommentsPermalink
`(ii) such fund is funded in a manner that such fund will not exceed the amount necessary to repay the issue if invested at the maximum rate permitted under clause (iii), andCommentsClose CommentsPermalink
`(iii) the yield on such fund is not greater than the discount rate determined under paragraph (5)(B) with respect to the issue.CommentsClose CommentsPermalink
`(5) MATURITY LIMITATION-CommentsClose CommentsPermalink
`(A) IN GENERAL- An issue shall not be treated as meeting the requirements of this paragraph if the maturity of any bond which is part of such issue exceeds the maximum term determined by the Secretary under subparagraph (B).CommentsClose CommentsPermalink
`(B) MAXIMUM TERM- During each calendar month, the Secretary shall determine the maximum term permitted under this paragraph for bonds issued during the following calendar month. Such maximum term shall be the term which the Secretary estimates will result in the present value of the obligation to repay the principal on the bond being equal to 50 percent of the face amount of such bond. Such present value shall be determined using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. If the term as so determined is not a multiple of a whole year, such term shall be rounded to the next highest whole year.CommentsClose CommentsPermalink
`(e) Other Definitions- For purposes of this subchapter--CommentsClose CommentsPermalink
`(1) CREDIT ALLOWANCE DATE- The term `credit allowance date' means--CommentsClose CommentsPermalink
`(A) March 15,CommentsClose CommentsPermalink
`(B) June 15,CommentsClose CommentsPermalink
`(C) September 15, andCommentsClose CommentsPermalink
`(D) December 15.CommentsClose CommentsPermalink
Such term includes the last day on which the bond is outstanding.CommentsClose CommentsPermalink
`(2) BOND- The term `bond' includes any obligation.CommentsClose CommentsPermalink
`(3) STATE- The term `State' includes the District of Columbia and any possession of the United States.CommentsClose CommentsPermalink
`(4) AVAILABLE PROJECT PROCEEDS- The term `available project proceeds' means--CommentsClose CommentsPermalink
`(A) the excess of--CommentsClose CommentsPermalink
`(i) the proceeds from the sale of an issue, overCommentsClose CommentsPermalink
`(ii) the issuance costs financed by the issue (to the extent that such costs do not exceed 2 percent of such proceeds), andCommentsClose CommentsPermalink
`(B) the proceeds from any investment of the excess described in subparagraph (A).CommentsClose CommentsPermalink
`(f) Credit Treated as Interest- For purposes of this subtitle, the credit determined under subsection (a) shall be treated as interest which is includible in gross income.CommentsClose CommentsPermalink
`(g) S Corporations and Partnerships- In the case of a tax credit bond held by an S corporation or partnership, the allocation of the credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution.CommentsClose CommentsPermalink
`(h) Bonds Held by Regulated Investment Companies and Real Estate Investment Trusts- If any qualified tax credit bond is held by a regulated investment company or a real estate investment trust, the credit determined under subsection (a) shall be allowed to shareholders of such company or beneficiaries of such trust (and any gross income included under subsection (f) with respect to such credit shall be treated as distributed to such shareholders or beneficiaries) under procedures prescribed by the Secretary.'.CommentsClose CommentsPermalink
(2) REPORTING- Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(9) REPORTING OF CREDIT ON QUALIFIED TAX CREDIT BONDS-CommentsClose CommentsPermalink
`(A) IN GENERAL- For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54A and such amounts shall be treated as paid on the credit allowance date (as defined in section 54A(e)(1)).CommentsClose CommentsPermalink
`(B) REPORTING TO CORPORATIONS, ETC- Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i).CommentsClose CommentsPermalink
`(C) REGULATORY AUTHORITY- The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.'.CommentsClose CommentsPermalink
(3) OTHER CONFORMING AMENDMENTS RELATED TO TAX CREDIT BONDS-CommentsClose CommentsPermalink
(A) Sections 54(c)(2) and 1400N(l)(3)(B) of such Code are each amended by striking `subpart C' and inserting `subparts C and I'.CommentsClose CommentsPermalink
(B) Section 1397E(c)(2) of such Code is amended by striking `subpart H' and inserting `subparts H and I'.CommentsClose CommentsPermalink
(C) Section 6401(b)(1) of such Code is amended by striking `and H' and inserting `H, and I'.CommentsClose CommentsPermalink
(D) The heading of subpart H of part IV of subchapter A of chapter 1 of such Code is amended by striking `Certain Bonds' and inserting `Clean Renewable Energy Bonds'.CommentsClose CommentsPermalink
(E) The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to subpart H and inserting the following new items:CommentsClose CommentsPermalink
`subpart h--nonrefundable credit to holders of clean renewable energy bonds
`subpart i--qualified tax credit bonds'.
(d) Clerical Amendment- The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`Part III--Manufacturing Redevelopment Bonds'.
(e) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) BOND PROVISIONS- Sections 1400U-3 and 1400U-4 of the Internal Revenue Code of 1986 (as added by subsection (a)), and the amendments made by subsection (c), shall apply to obligations issued after the date of the enactment of this Act.CommentsClose CommentsPermalink
(3) WORK OPPORTUNITY TAX CREDIT- The amendments made by subsection (b) shall apply to individuals who begin work for the employer after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 502. DELAY IN APPLICATION OF WORLDWIDE INTEREST ALLOCATION.
(a) In General- Paragraphs (5)(D) and (6) of section 864(f) of the Internal Revenue Code of 1986 are each amended by striking `December 31, 2008' and inserting `December 31, 2011'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink
TITLE VI--WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
SEC. 601. SHORT TITLE.
This title may be cited as the `Early Warning and Health Care for Workers Affected by Globalization Act'.CommentsClose CommentsPermalink
SEC. 602. AMENDMENTS TO THE WARN ACT.
(a) Definitions-CommentsClose CommentsPermalink
(1) EMPLOYER, PLANT CLOSING, AND MASS LAYOFF- Paragraphs (1) through (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act (
`(1) the term `employer' means any business enterprise that employs 100 or more employees;CommentsClose CommentsPermalink
`(2) the term `plant closing' means the permanent or temporary shutdown of a single site of employment, or of one or more facilities or operating units within a single site of employment, which results in an employment loss at such site, during any 30-day period, for 50 or more employees;CommentsClose CommentsPermalink
`(3) the term `mass layoff' means a reduction in force at a single site of employment which results in an employment loss at such site, during any 30-day period, for 50 or more employees.'.CommentsClose CommentsPermalink
(2) SECRETARY OF LABOR-CommentsClose CommentsPermalink
(A) DEFINITION- Paragraph (8) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(8) the term `Secretary' means the Secretary of Labor or a representative of the Secretary of Labor.'.CommentsClose CommentsPermalink
(B) REGULATIONS- Section 8(a) of such Act (
(3) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) NOTICE- Section 3(d) of such Act (
(B) DEFINITIONS- Section 2(b)(1) of such Act (
(b) Notice-CommentsClose CommentsPermalink
(1) NOTICE PERIOD-CommentsClose CommentsPermalink
(A) IN GENERAL- Section 3 of the Worker Adjustment and Retraining Notification Act (
(B) CONFORMING AMENDMENT- Section 5(a)(1) of such Act (
(2) RECIPIENTS- Section 3(a) of such Act (
(A) in paragraph (1), by striking `or, if there is no such representative at that time, to each affected employee; and' and inserting `and to each affected employee;'; andCommentsClose CommentsPermalink
(B) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) to the Secretary; and'.CommentsClose CommentsPermalink
(3) INFORMATION REGARDING BENEFITS AND SERVICES AVAILABLE TO WORKERS AND DOL NOTICE TO CONGRESS- Section 3 of such Act (
`(e) Information Regarding Benefits and Services Available to Employees- Concurrent with or immediately after providing the notice required under subsection (a)(1), an employer shall provide affected employees with information regarding the benefits and services available to such employees, as described in the guide compiled by the Secretary under section 12.CommentsClose CommentsPermalink
`(f) DOL Notice to Congress- As soon as practicable and not later than 15 days after receiving notification under subsection (a)(2), the Secretary of Labor shall notify the appropriate Senators and Members of the House of Representatives who represent the area or areas where the plant closing or mass layoff is to occur.'.CommentsClose CommentsPermalink
(c) Enforcement-CommentsClose CommentsPermalink
(1) AMOUNT- Section 5(a)(1) of the Worker Adjustment and Retraining Notification Act (
(A) in subparagraph (A)--CommentsClose CommentsPermalink
(i) by striking `back pay for each day of violation' and inserting `two days' pay multiplied by the number of calendar days short of 90 that the employer provided notice before such closing or layoff'CommentsClose CommentsPermalink
(ii) in clause (ii), by striking `and' at the end thereof;CommentsClose CommentsPermalink
(B) by redesignating subparagraph (B) as subparagraph (C);CommentsClose CommentsPermalink
(C) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
`(B) interest on the amount described in subparagraph (A) calculated at the prevailing rate; and'; andCommentsClose CommentsPermalink
(D) by striking the matter following subparagraph (C) (as so redesignated).CommentsClose CommentsPermalink
(2) EXEMPTION- Section 5(a)(4) of such Act (
(3) ADMINISTRATIVE COMPLAINT- Section 5(a)(5) of such Act (
(A) by striking `may sue' and inserting `may,';CommentsClose CommentsPermalink
(B) by inserting after `both,' the following: `(A) file a complaint with the Secretary alleging a violation of section 3, or (B) bring suit'; andCommentsClose CommentsPermalink
(C) by adding at the end thereof the following new sentence: `A person seeking to enforce such liability may use one or both of the enforcement mechanisms described in subparagraphs (A) and (B).'.CommentsClose CommentsPermalink
(4) ACTION BY THE SECRETARY- Section 5 of such Act (
(A) by redesignating subsection (b) as subsection (d); andCommentsClose CommentsPermalink
(B) by inserting after subsection (a) the following new subsections:CommentsClose CommentsPermalink
`(b) Action by the Secretary-CommentsClose CommentsPermalink
`(1) ADMINISTRATIVE ACTION- The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 3 by an employer in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (
`(2) SUBPOENA POWERS- For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (
`(3) SUMS RECOVERED- Any sums recovered by the Secretary on behalf of an employee under subparagraphs (A), (B), and (D) of section 5(a)(1) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any such sums not paid to an employee because of inability to do so within a period of 3 years, and any sums recovered by the Secretary under subparagraph (C) of section 5(a)(1), shall be credited as an offsetting collection to the appropriations account of the Secretary of Labor for expenses for the administration of this Act and shall remain available to the Secretary until expended.CommentsClose CommentsPermalink
`(c) Limitations-CommentsClose CommentsPermalink
`(1) LIMITATIONS PERIOD- An action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.CommentsClose CommentsPermalink
`(2) COMMENCEMENT- In determining when an action is commenced under this section for the purposes of paragraph (1), it shall be considered to be commenced on the date on which the complaint is filed.'.CommentsClose CommentsPermalink
(d) Posting of Notices; Penalties- Section 11 of the Worker Adjustment and Retraining Notification Act (
`SEC. 11. POSTING OF NOTICES; PENALTIES.
`(a) Posting of Notices- Each employer shall post and keep posted in conspicuous places upon its premises where notices to employees are customarily posted a notice to be prepared or approved by the Secretary setting forth excerpts from, or summaries of, the pertinent provisions of this chapter and information pertinent to the filing of a complaint.CommentsClose CommentsPermalink
`(b) Penalties- A willful violation of this section shall be punishable by a fine of not more than $500 for each separate offense.'.CommentsClose CommentsPermalink
(e) Non-Waiver of Rights and Remedies; Information Regarding Benefits and Services Available to Employees- Such Act is further amended by adding at the end the following:CommentsClose CommentsPermalink
`SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIVER.
`(a) In General- The rights and remedies provided under this Act (including the right to maintain a civil action) may not be waived, deferred, or lost pursuant to any agreement or settlement other than an agreement or settlement described in subsection (b).CommentsClose CommentsPermalink
`(b) Agreement or Settlement- An agreement or settlement referred to in subsection (a) is an agreement or settlement negotiated by the Secretary, an attorney general of any State, or a private attorney on behalf of affected employees.CommentsClose CommentsPermalink
`SEC. 13. INFORMATION REGARDING BENEFITS AND SERVICES AVAILABLE TO WORKERS.
`The Secretary of Labor shall maintain a guide of benefits and services which may be available to affected employees, including unemployment compensation, trade adjustment assistance, COBRA benefits, and early access to training and other services, including counseling services, available under the Workforce Investment Act of 1998. Such guide shall be available on the Internet website of the Department of Labor and shall include a description of the benefits and services, the eligibility requirements, and the means of obtaining such benefits and services. Upon receiving notice from an employer under section 3(a)(2), the Secretary shall immediately transmit such guide to such employer.'.CommentsClose CommentsPermalink
(f) Notice Excused Where Caused by Terrorist Attack- Section 3(b)(2) of the Worker Adjustment and Retraining Notification Act (
`(C) No notice under this Act shall be required if the plant closing or mass layoff is due directly or indirectly to a terrorist attack on the United States.'.CommentsClose CommentsPermalink
SEC. 603. EFFECTIVE DATE.
Except as otherwise provided in this Act, the provisions of this Act, and the amendments made by this Act, shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
Passed the House of Representatives October 31, 2007.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Clerk.
Clerk.CommentsClose CommentsPermalink
Vote on This Bill
-
Share This Bill
More Share via Email
OC Blog Articles Related To This Bill
- Unemployment Insurance Cuts in the Latest Deal Feb 15, 2012
- 60 More Days of the Same Dec 23, 2011
- GOP Ties Oil Pipeline to Unemployment Insurance, Payroll Tax Cut Dec 12, 2011
- Dems and GOP Still Far Apart on Extending Unemployment Insurance Dec 01, 2011
- Supercommittee Failure and Stimulus Nov 22, 2011
Recent OC Blog Articles
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- Contact Congress Today to #FreeTHOMAS May 17, 2012
- Yochai Benkler: Blueprint for Democratic Participation May 10, 2012
- New NDAA Would Give the Military Clandestine Cyberwar Powers May 08, 2012
- The Week Ahead in Congress May 07, 2012