HR 3943 IHCommentsClose CommentsPermalink

To amend the Trade Act of 1974 to reauthorize the trade adjustment assistance for workers program, and for other purposes.CommentsClose CommentsPermalink

October 23, 2007

Mr. HERGER (for himself, Mr. BRADY of Texas, Mr. WELLER of Illinois, Mr. RAMSTAD, Mr. RYAN of Wisconsin, Mr. TIBERI, Mr. NUNES, and Mr. SAM JOHNSON of Texas) introduced the following bill; which was referred to the Committee on Ways and MeansCommentsClose CommentsPermalink

To amend the Trade Act of 1974 to reauthorize the trade adjustment assistance for workers program, 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 AND TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Trade Adjustment Assistance and Training Improvements 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 and table of contents.CommentsClose CommentsPermalink

TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Subtitle A--Petitions and Determinations

Sec. 101. Petitions.CommentsClose CommentsPermalink





Sec. 102. Group eligibility requirements.CommentsClose CommentsPermalink





Sec. 103. Determinations by Secretary of Labor.CommentsClose CommentsPermalink





Sec. 104. Benefit information to workers.CommentsClose CommentsPermalink





Sec. 105. Administrative reconsideration of determinations by Secretary of Labor.CommentsClose CommentsPermalink

Subtitle B--Program Benefits

Chapter 1--Trade Readjustment Allowances

Sec. 111. Qualifying requirements for workers.CommentsClose CommentsPermalink





Sec. 112. Weekly amounts.CommentsClose CommentsPermalink





Sec. 113. Limitations on trade readjustment allowances.CommentsClose CommentsPermalink

Chapter 2--Training, Other Reemployment Services, and Allowances

Sec. 121. Reemployment services.CommentsClose CommentsPermalink





Sec. 122. Training.CommentsClose CommentsPermalink





Sec. 123. Job search allowances.CommentsClose CommentsPermalink





Sec. 124. Relocation allowances.CommentsClose CommentsPermalink

Subtitle C--General Provisions

Sec. 131. Agreements with States.CommentsClose CommentsPermalink





Sec. 132. Authorization of appropriations; incentive payments to States.CommentsClose CommentsPermalink





Sec. 133. Phase-out of demonstration project for alternative trade adjustment assistance for older workers.CommentsClose CommentsPermalink





Sec. 134. Wage supplement program.CommentsClose CommentsPermalink





Sec. 135. Definitions.CommentsClose CommentsPermalink





Sec. 136. Capacity-building grants to enhance training for workers.CommentsClose CommentsPermalink

Subtitle D--Effective Date

Sec. 141. Effective date.CommentsClose CommentsPermalink

TITLE II--OTHER TRADE ADJUSTMENT ASSISTANCE PROGRAMS AND RELATED PROVISIONS

Sec. 201. Technical assistance for firms.CommentsClose CommentsPermalink





Sec. 202. Extension of trade adjustment assistance for firms.CommentsClose CommentsPermalink





Sec. 203. Extension of trade adjustment assistance for farmers.CommentsClose CommentsPermalink





Sec. 204. Judicial review.CommentsClose CommentsPermalink





Sec. 205. Termination.CommentsClose CommentsPermalink

TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Credit reduction for failures relating to co-enrollment of participants and program performance reports.CommentsClose CommentsPermalink





Sec. 302. TAA wage supplement participants eligibility for credit for health insurance costs.CommentsClose CommentsPermalink

TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Subtitle A--Petitions and Determinations

SEC. 101. PETITIONS.

Section 221(a) of the Trade Act of 1974 (19 U.S.C. 2271(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking `simultaneously with the Secretary and with the Governor of the State in which such workers' firm or subdivision is located' and inserting `with the Secretary';CommentsClose CommentsPermalink





(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;CommentsClose CommentsPermalink





(3) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink





`(2) Upon receipt of a petition filed under paragraph (1), the Secretary shall promptly notify the Governor of the State in which such workers' firm or subdivision is located of the filing of the petition and its contents.';CommentsClose CommentsPermalink





(4) in paragraph (3) (as redesignated by paragraph (2) of this section), by striking `a petition filed under paragraph (1)' and inserting `a notice under paragraph (2)'; andCommentsClose CommentsPermalink





(5) in paragraph (4) (as redesignated by paragraph (2) of this section)--CommentsClose CommentsPermalink





(A) by striking `the petition' and inserting `a petition filed under paragraph (1)'; andCommentsClose CommentsPermalink





(B) by inserting `and on the Website of the Department of Labor' after `in the Federal Register'.CommentsClose CommentsPermalink

SEC. 102. GROUP ELIGIBILITY REQUIREMENTS.

(a) In General- Subsection (a)(2)(B)(i) of section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended by inserting at the end before the semicolon the following: `that contributed importantly to such workers' separation or threat of separation'.CommentsClose CommentsPermalink





(b) Adversely Affected Secondary Workers- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (2), by striking `and' at the end;CommentsClose CommentsPermalink





(2) by redesignating paragraph (3) as paragraph (4);CommentsClose CommentsPermalink





(3) by inserting after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink





`(3) the sales or production, or both, of such firm or subdivision have decreased absolutely; and'; andCommentsClose CommentsPermalink





(4) in subparagraph (A) of paragraph (4) (as redesignated by paragraph (2) of this subsection), by inserting at the end before the semicolon the following: `and contributed importantly to the workers' separation or threat of separation determined under paragraph (1)'.CommentsClose CommentsPermalink





(c) Definitions- Subsection (c) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking `, if the certification of eligibility under subsection (a) is based on an increase in imports from, or a shift in production to, Canada or Mexico'; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





`(5) The term `article' means--CommentsClose CommentsPermalink





`(A) a tangible product subject to duty under the Harmonized Tariff Schedule of the United States which is not incidental to the provision of a service; orCommentsClose CommentsPermalink





`(B) an intangible product, such as a digital product (including computer programs, text, video, image and sound recordings, and similar products), that would be subject to duty under the Harmonized Tariff Schedule of the United States if the intangible product were embodied in a physical medium and which is not incidental to the provision of a service.CommentsClose CommentsPermalink





`(6) The term `worker' means--CommentsClose CommentsPermalink





`(A) with respect to a firm described in subsection (a)--CommentsClose CommentsPermalink





`(i) an individual directly employed by the firm that produces an article that is the basis for a determination under subsection (a) and who performs tasks relating to the production of the article; orCommentsClose CommentsPermalink





`(ii) an individual who is under the operational control of the firm that produces an article that is the basis for a determination under subsection (a) pursuant to a contract or leasing arrangement and who performs tasks relating to the production of the article;CommentsClose CommentsPermalink





`(B) with respect to a firm that is a supplier described in subsection (b)--CommentsClose CommentsPermalink





`(i) an individual directly employed by the firm that is a supplier and who performs tasks relating to the production of component parts for an article that is the basis for a determination under subsection (a); orCommentsClose CommentsPermalink





`(ii) an individual who is under the operational control of the firm that is a supplier pursuant to a contract or leasing arrangement and who performs tasks relating to the production of component parts for an article that is the basis for a determination under subsection (a); andCommentsClose CommentsPermalink





`(C) with respect to a firm that is a downstream producer described in subsection (b)--CommentsClose CommentsPermalink





`(i) an individual directly employed by the firm that is a downstream producer and who perform tasks relating to the provision of additional, value-added production processes for an article that is the basis for a determination under subsection (a); orCommentsClose CommentsPermalink





`(ii) an individual who is under the operational control of the firm that is a downstream producer pursuant to a contract or leasing arrangement and who performs tasks relating to the provision of additional, value-added production processes for an article that is the basis for a determination under subsection (a).'.CommentsClose CommentsPermalink

SEC. 103. DETERMINATIONS BY SECRETARY OF LABOR.

(a) Workers Covered by Certification- Subsection (b) of section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking `under this section' and inserting `under subsection (a) or (d) of this section'; andCommentsClose CommentsPermalink





(2) in paragraph (2), to read as follows:CommentsClose CommentsPermalink





`(2) after the earliest of--CommentsClose CommentsPermalink





`(A) the date that is two years after the date on which certification is granted under subsection (a);CommentsClose CommentsPermalink





`(B) the date that is two years after the date of the earliest determination, if any, denying certification under subsection (a); orCommentsClose CommentsPermalink





`(C) the termination date, if any, determined under subsection (e).'.CommentsClose CommentsPermalink





(b) Publication of Determination- Subsection (c) of such section is amended--CommentsClose CommentsPermalink





(1) by striking `his determination' and inserting `a determination';CommentsClose CommentsPermalink





(2) by inserting `and on the Website of the Department of Labor' after `in the Federal Register'; andCommentsClose CommentsPermalink





(3) by striking `his reasons' and inserting `the Secretary's reasons'.CommentsClose CommentsPermalink





(c) Amendment to Certification- Such section is further amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink





`(d) Whenever the Secretary determines, with respect to any certification of eligibility of the workers of a firm or subdivision of the firm, and subject to such regulations as the Secretary may prescribe, that good cause exists to amend such certification, the Secretary shall amend such certification and promptly publish notice of such amendment in the Federal Register and on the Website of the Department of Labor together with the reasons for making such determination.'.CommentsClose CommentsPermalink





(d) Termination of Certification- Subsection (e) of such section (as redesignated by subsection (c)(1) of this section) is amended--CommentsClose CommentsPermalink





(1) by striking `he shall' and inserting `the Secretary shall';CommentsClose CommentsPermalink





(2) by inserting `and on the Website of the Department of Labor' after `in the Federal Register'; andCommentsClose CommentsPermalink





(3) by striking `his reasons' and inserting `the Secretary's reasons'.CommentsClose CommentsPermalink

SEC. 104. BENEFIT INFORMATION TO WORKERS.

Section 225(a) of the Trade Act of 1974 (19 U.S.C. 2275(a)) is amended in the fourth sentence by striking `the State Board for Vocational Education or equivalent agency and other public or private agencies, institutions, and employers, as appropriate,' and inserting `the appropriate State workforce investment board (established under section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821)) and State workforce agency responsible for the administration of the State workforce investment program funded under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)'.CommentsClose CommentsPermalink

SEC. 105. ADMINISTRATIVE RECONSIDERATION OF DETERMINATIONS BY SECRETARY OF LABOR.

(a) In General- Subchapter A of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`SEC. 226. ADMINISTRATIVE RECONSIDERATION OF DETERMINATIONS BY SECRETARY OF LABOR.

`(a) Administrative Reconsideration-CommentsClose CommentsPermalink





`(1) IN GENERAL- A worker, group of workers, certified or recognized union or other duly authorized representative of such worker or group of workers, or any of the individuals or entities described in section 221(a)(1)(C), aggrieved (or on behalf of such workers aggrieved) by a determination of the Secretary of Labor under section 223 denying a certification of eligibility, may file a request for administrative reconsideration with the Secretary not later than 60 days after the date on which notice of the determination is published under section 223.CommentsClose CommentsPermalink





`(2) FAILURE TO MAKE TIMELY REQUEST- The failure to file a request for administrative reconsideration of a determination denying a certification of eligibility under section 223 within the 60-day period described in paragraph (1) shall be deemed to be a failure to exhaust administrative remedies and such determination shall not be subject to judicial review under section 284.CommentsClose CommentsPermalink





`(b) Notice, Review, and Final Determination-CommentsClose CommentsPermalink





`(1) NOTICE- If a request for administrative reconsideration of a determination of the Secretary is filed in accordance with the provisions of subsection (a), the Secretary shall promptly publish notice thereof in the Federal Register and on the Website of the Department of Labor.CommentsClose CommentsPermalink





`(2) REVIEW OF DETERMINATION- The Secretary shall initiate a review of the determination of the Secretary upon filing of the request for administrative reconsideration under subsection (a) and shall include an opportunity for interested persons to submit additional information.CommentsClose CommentsPermalink





`(3) FINAL DETERMINATION- The Secretary shall issue a final determination on the request for administrative reconsideration not later than 60 days after the date on which the Secretary publishes notice of the request for reconsideration pursuant to paragraph (1). Upon reaching a determination on a reconsideration, 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. The requirements relating to judicial review under section 284 shall apply to any determination made by the Secretary under this subsection.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1 of the Trade Act of 1974 is amended by inserting after the item relating to section 225 the following:CommentsClose CommentsPermalink





`Sec. 226. Administrative reconsideration of determinations by Secretary of Labor.'.CommentsClose CommentsPermalink

Subtitle B--Program Benefits

CHAPTER 1--TRADE READJUSTMENT ALLOWANCES

SEC. 111. QUALIFYING REQUIREMENTS FOR WORKERS.

(a) Basic Trade Readjustment Allowance- Subsection (a) of section 231 of the Trade Act of 1974 (19 U.S.C. 2291) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking `60 days' and inserting `40 days';CommentsClose CommentsPermalink





(2) in paragraph (1), by striking `occurred--' and all that follows and inserting `occurred during the period described in section 223(b).'; andCommentsClose CommentsPermalink





(3) by striking paragraphs (4) and (5).CommentsClose CommentsPermalink





(b) Payment of Additional Trade Readjustment Allowance- Such section is further amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (a) the following new subsection:CommentsClose CommentsPermalink





`(b) In addition to the payment of a trade readjustment allowance under subsection (a), payment of an additional trade readjustment allowance shall be made to an adversely affected worker who is covered by a certification under subchapter A and who--CommentsClose CommentsPermalink





`(1) files an application for such allowance for any week of unemployment which begins after the worker has received the maximum amount of trade readjustment allowances payable under subsection (a);CommentsClose CommentsPermalink





`(2) meets the conditions described in paragraphs (1) through (3) of subsection (a); andCommentsClose CommentsPermalink





`(3) is either--CommentsClose CommentsPermalink





`(A) totally unemployed and is enrolled in a full-time training program approved by the Secretary under section 236(a); orCommentsClose CommentsPermalink





`(B) partially unemployed and is enrolled in a full-time or part-time training program approved by the Secretary under section 236(a).'.CommentsClose CommentsPermalink





(c) Withholding of Trade Readjustment Allowance Pending Beginning or Resumption of Participation in Training Program; Period of Applicability- Subsection (c) of such section (as redesignated by subsection (b)(1) of this section) is amended to read as follows:CommentsClose CommentsPermalink





`(c) If the Secretary determines that--CommentsClose CommentsPermalink





`(1) the adversely affected worker--CommentsClose CommentsPermalink





`(A) has failed to begin participation in the training program the enrollment in which meets the requirement of subsection (b)(3), orCommentsClose CommentsPermalink





`(B) has ceased to participate in such training program before completing such training program, andCommentsClose CommentsPermalink





`(2) there is no justifiable cause for such failure or cessation,CommentsClose CommentsPermalink





no trade readjustment allowance may be paid to the adversely affected worker under this part for the week in which such failure, cessation, or revocation occurred, or any succeeding week, until the adversely affected worker begins or resumes participation in a training program approved under section 236(a).'.CommentsClose CommentsPermalink





(d) Waivers of Training Requirements- Subsection (d) of such section (as redesignated by subsection (b)(1) of this section) is hereby repealed.CommentsClose CommentsPermalink

SEC. 112. WEEKLY AMOUNTS.

(a) In General- Subsection (a) of section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended--CommentsClose CommentsPermalink





(1) by striking `(a)' and inserting `(a)(1)';CommentsClose CommentsPermalink





(2) by inserting `paragraph (2) and' after `Subject to';CommentsClose CommentsPermalink





(3) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(2)(A) 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 be paid a trade readjustment allowance in the amount described in subparagraph (B).CommentsClose CommentsPermalink





`(B) The trade readjustment allowance payable under subparagraph (A) shall be equal to the weekly benefit amount of the unemployment insurance upon which the worker's trade readjustment allowance was initially determined under paragraph (1), reduced by--CommentsClose CommentsPermalink





`(i) 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 subparagraph (A) of this paragraph; andCommentsClose CommentsPermalink





`(ii) the amounts described in subparagraphs (A) and (B) of paragraph (1).'.CommentsClose CommentsPermalink





(b) Adversely Affected Workers Who Are Undergoing Training- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(1) by inserting `under section 231(b)' after `who is entitled to trade readjustment allowances'; andCommentsClose CommentsPermalink





(2) by striking `he is undergoing any such' and inserting `such worker is undergoing'.CommentsClose CommentsPermalink

SEC. 113. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES.

Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking `The maximum amount' and inserting `Except as provided in paragraph (3), the maximum amount'; andCommentsClose CommentsPermalink





(ii) by striking `52' and inserting `39'; andCommentsClose CommentsPermalink





(B) in paragraph (3), by striking `52' each place it appears and inserting `65';CommentsClose CommentsPermalink





(2) by striking subsection (b);CommentsClose CommentsPermalink





(3) by redesignating subsections (c) through (g) as subsections (b) through (f), respectively; andCommentsClose CommentsPermalink





(4) in subsection (f) (as redesignated by paragraph (3) of this section), by striking `section 236(a)(5)(D)' and inserting `section 236'.CommentsClose CommentsPermalink

CHAPTER 2--TRAINING, OTHER REEMPLOYMENT SERVICES, AND ALLOWANCES

SEC. 121. REEMPLOYMENT SERVICES.

(a) In General- Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended--CommentsClose CommentsPermalink





(1) in the heading, by striking `employment' and inserting `reemployment';CommentsClose CommentsPermalink





(2) by striking `The Secretary' the first place it appears and inserting `(a) The Secretary';CommentsClose CommentsPermalink





(3) by striking `counseling, testing, and placement services, and supportive and other services' and inserting `career counseling, testing and assessments, and job placement services, and supportive and other services'; andCommentsClose CommentsPermalink





(4) by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(b) In order to facilitate the provision of services described in subsection (a), the Secretary shall ensure the effective implementation of the requirements of section 239(e) relating to the co-enrollment of adversely affected workers in the dislocated worker program authorized under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.).'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1 of the Trade Act of 1974 is amended by striking the heading relating to part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 and the item relating to section 235 of such Act and inserting the following:CommentsClose CommentsPermalink

`Part II--Training, Other Reemployment Services, and Allowances

`Sec. 235. Reemployment services.'.CommentsClose CommentsPermalink

SEC. 122. TRAINING.

(a) In General- Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 236. TRAINING.

`(a) Approval of Training-CommentsClose CommentsPermalink





`(1) IN GENERAL- If the Secretary determines that an adversely affected worker, including an adversely affected worker who has obtained reemployment subsequent to separation from the adversely affected employment, or an adversely affected incumbent worker, meets the criteria described in paragraph (2), and otherwise meets the requirements described under this section, the Secretary shall approve the training program requested by the worker. Upon such approval, the worker shall be entitled to have payment of the costs of such training (subject to the limitations imposed by this section) paid on the worker's behalf by the Secretary directly or through a voucher system. The costs of such training shall include the costs of tuition, books, required tools, and fees related to education, licensing, or certification.CommentsClose CommentsPermalink





`(2) CRITERIA FOR APPROVAL OF TRAINING PROGRAM- For purposes of paragraph (1), training for an adversely affected worker or an adversely affected incumbent worker, shall be approved if the Secretary determines that--CommentsClose CommentsPermalink





`(A) the worker needs additional marketable skills to obtain or retain employment comparable to the worker's adversely affected employment;CommentsClose CommentsPermalink





`(B) there is a reasonable expectation of such employment following the completion of the training; andCommentsClose CommentsPermalink





`(C) the worker is qualified to undertake and complete the training sought.CommentsClose CommentsPermalink





`(3) ENROLLMENT DEADLINE-CommentsClose CommentsPermalink





`(A) IN GENERAL- In order to receive assistance under this section, a worker shall enroll in a training program approved under paragraph (1) not later than the later of--CommentsClose CommentsPermalink





`(i) the last day of the 39th week after the worker's most recent separation from adversely affected employment which meets the requirements of paragraphs (1) and (2) of section 231(a); orCommentsClose CommentsPermalink





`(ii) the last day of the 13th week after the week in which the Secretary issues a certification under subchapter A covering such worker.CommentsClose CommentsPermalink





`(B) EXTENSION FOR JUSTIFIABLE CAUSE- The Secretary may grant an extension of the enrollment period described in subparagraph (A) for a worker if the Secretary determines that there is justifiable cause for such an extension.CommentsClose CommentsPermalink





`(b) Funding for Training-CommentsClose CommentsPermalink





`(1) ANNUAL LIMIT ON AGGREGATE PAYMENTS UNDER PROGRAM-CommentsClose CommentsPermalink





`(A) IN GENERAL- The total amount of payments that may be made under subsection (a)(1) for any fiscal year shall not exceed $220,000,000.CommentsClose CommentsPermalink





`(B) APPORTIONMENT AMONG STATES- The Secretary shall establish a method for apportioning among States the funds that are available for training under this chapter in any fiscal year. Such method may include the use of formula allotments and reallotments, and the establishment of a reserve that is used to assist in apportioning funds to those States in need of additional funding during the fiscal year.CommentsClose CommentsPermalink





`(2) LIMITATIONS APPLICABLE TO WORKERS-CommentsClose CommentsPermalink





`(A) DURATION- Subject to subparagraph (C), the costs of a training program approved under subsection (a)(1) for an adversely affected worker or an adversely affected incumbent worker shall be paid under this section for a period not to exceed four years from the date the worker first enrolled in the training program. A worker may participate in such training program during such period on a full-time or part-time basis. During the period of participation the worker shall make adequate yearly progress, as determined by the Secretary, toward the attainment of a license, certificate, or degree pursuant to such training program in order to remain eligible for assistance under this section.CommentsClose CommentsPermalink





`(B) AMOUNT- Subject to subparagraph (C), the payments for a training program under subsection (a)(1) for a worker may not exceed $4,000 for any one-year period, or a total of $8,000 over the maximum four-year period described in subparagraph (A).CommentsClose CommentsPermalink





`(C) EXCEPTIONS-CommentsClose CommentsPermalink





`(i) LITERACY TRAINING AND PREREQUISITES- If the Secretary determines that an adversely affected worker or an adversely affected incumbent worker needs literacy training, English as a second language instruction, remedial education, educational assistance to obtain a high school diploma or General Equivalency Degree, or prerequisites in order to participate in a training program for occupations in demand, the Secretary shall approve the provision of such activities and provide up to $1,000 in payments for such activities. Such payments shall not be included for purposes of applying the limits on payments described in subparagraph (B).CommentsClose CommentsPermalink





`(ii) ON-THE-JOB TRAINING- The provisions of subparagraphs (A) and (B) shall not be applicable to on-the-job training programs, except as provided in subsection (f)(2).CommentsClose CommentsPermalink





`(3) DUPLICATIVE PAYMENTS PROHIBITED- No payment may be made under subsection (a)(1) of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs are payable or have already been paid under any other provision of Federal law.CommentsClose CommentsPermalink





`(4) REPORT-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than May 31 and November 30 of each year, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on--CommentsClose CommentsPermalink





`(i) the initial allocation among States of funds for training approved under this section;CommentsClose CommentsPermalink





`(ii) any additional distributions of funds for training approved under this section during the two most recent fiscal quarters and cumulatively during the fiscal year;CommentsClose CommentsPermalink





`(iii) the amount of funds obligated and expended by the States to provide training approved under this section during the two most recent fiscal quarters and cumulatively during the fiscal year; andCommentsClose CommentsPermalink





`(iv) the efforts of the Department of Labor to ensure that each State receives an appropriate level of funds during the fiscal year to provide training approved under this section to all eligible workers.CommentsClose CommentsPermalink





`(B) DEFINITION- In this paragraph, the term `fiscal quarter' means any 3-month period beginning on October 1, January 1, April 1, or July 1 of a fiscal year.CommentsClose CommentsPermalink





`(c) Training Programs That May Be Approved- The training programs that may be approved under subsection (a) include--CommentsClose CommentsPermalink





`(1) employer-based training, including--CommentsClose CommentsPermalink





`(A) on-the-job training;CommentsClose CommentsPermalink





`(B) customized training; andCommentsClose CommentsPermalink





`(C) apprenticeship programs registered under the National Apprenticeship Act (29 U.S.C. 50 et seq.);CommentsClose CommentsPermalink





`(2) a training program that leads to a license, certificate, or degree and is linked to occupations in demand, which may include training provided in classroom, distance learning, and technology-based learning;CommentsClose CommentsPermalink





`(3) a training program that has been determined by a State to be eligible to receive payments under section 122 of the Workforce Investment Act of 1998 (29 U.S.C. 2842);CommentsClose CommentsPermalink





`(4) a program of remedial education that will enable a worker to obtain employment or to enroll in a training program described in paragraph (2) or (3); andCommentsClose CommentsPermalink





`(5) a training program for which all, or any portion, of the costs of training the worker are paid--CommentsClose CommentsPermalink





`(A) under any Federal or State program other than this chapter; orCommentsClose CommentsPermalink





`(B) from any source other than this section.CommentsClose CommentsPermalink





`(d) Sharing of Costs-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary is not required under subsection (a) to pay the costs of any training approved under such subsection to the extent that such costs are paid--CommentsClose CommentsPermalink





`(A) under any Federal or State program other than this chapter; orCommentsClose CommentsPermalink





`(B) from any source other than this section.CommentsClose CommentsPermalink





`(2) COST-SHARING AGREEMENT- Before approving any training to which paragraph (1) may apply, the Secretary may require that the adversely affected worker or the adversely affected incumbent worker enter into an agreement with the Secretary under which the Secretary will not be required to pay under this section the portion of the costs of such training that the worker has reason to believe will be paid under the program, or by the source, described in subparagraph (A) or (B) of paragraph (1).CommentsClose CommentsPermalink





`(e) Supplemental Assistance-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary may, where appropriate, authorize supplemental assistance necessary to defray reasonable transportation and subsistence expenses for separate maintenance when training is provided in facilities that are not within commuting distance of a worker's regular place of residence.CommentsClose CommentsPermalink





`(2) LIMITATIONS- The Secretary may not authorize--CommentsClose CommentsPermalink





`(A) payments for subsistence that exceed whichever is the lesser of--CommentsClose CommentsPermalink





`(i) the actual per diem expenses for subsistence; orCommentsClose CommentsPermalink





`(ii) payments at 50 percent of the prevailing per diem allowance rate authorized under the Federal travel regulations; orCommentsClose CommentsPermalink





`(B) payments for travel expenses exceeding the prevailing mileage rate authorized under the Federal travel regulations.CommentsClose CommentsPermalink





`(f) Payment of Costs of On-the-Job Training-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall pay the costs of any on-the-job training of an adversely affected worker that is approved under subsection (a)(l), but the Secretary may pay such costs, notwithstanding any other provision of this section, only if--CommentsClose CommentsPermalink





`(A) no currently employed worker is displaced by such adversely affected worker (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits);CommentsClose CommentsPermalink





`(B) such training does not impair existing contracts for services or collective bargaining agreements;CommentsClose CommentsPermalink





`(C) in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained;CommentsClose CommentsPermalink





`(D) no other individual is on layoff from the same, or any substantially equivalent, job for which such adversely affected worker is being trained;CommentsClose CommentsPermalink





`(E) the employer has not terminated the employment of any regular employee or otherwise reduced the work force of the employer with the intention of filling the vacancy so created by hiring such adversely affected worker;CommentsClose CommentsPermalink





`(F) the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals;CommentsClose CommentsPermalink





`(G) such training is not for the same occupation from which the worker was separated and with respect to which such worker's group was certified pursuant to section 222;CommentsClose CommentsPermalink





`(H) the employer is provided reimbursement of not more than 50 percent of the wage rate of the participant, for the cost of providing the training and additional supervision related to the training;CommentsClose CommentsPermalink





`(I) the duration of such training does not exceed 1 year; andCommentsClose CommentsPermalink





`(J) the employer has not received payment under subsection (a)(1) with respect to any other on-the-job training provided by such employer which failed to meet the requirements of subparagraphs (A), (B), (C), (D), (E), and (F).CommentsClose CommentsPermalink





`(2) SUPPLEMENTARY TRAINING- An on-the-job training program approved under this section may include, as a component of such program, the provision of training with a provider other than the employer that is not provided on-the-job and is designed to enhance the occupational skills of the worker. The costs of such training shall be subject to the limitation described in subsection (b)(2)(B).CommentsClose CommentsPermalink





`(g) Effect of Approved Training on Eligibility for Unemployment Compensation- A worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subchapter because the individual is in training approved under subsection (a), because of leaving work which is not comparable employment to enter such training, or because of the application to any such week in training of 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





`(h) Definition- In this section, the term `customized training' means training that is--CommentsClose CommentsPermalink





`(1) designed to meet the special requirements of an employer or group of employers;CommentsClose CommentsPermalink





`(2) conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training; andCommentsClose CommentsPermalink





`(3) for which the employer pays for a significant portion of the cost of such training, as determined by the Secretary.'.CommentsClose CommentsPermalink





(b) Conforming Amendments- Part II of subchapter B of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 237(b)(2), by striking `section 236(b)(1) and (2)' and inserting `section 236'; andCommentsClose CommentsPermalink





(2) in subsections (b)(1) and (c)(2) of section 238, by striking `section 236(b)(1) and (2)' each place it appears and inserting `section 236'.CommentsClose CommentsPermalink

SEC. 123. JOB SEARCH ALLOWANCES.

Section 237(a)(2) of the Trade Act of 1974 (19 U.S.C. 2297(a)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B), by striking `suitable' and inserting `comparable'; andCommentsClose CommentsPermalink





(2) in subparagraph (C)(ii), by striking `, unless the worker received a waiver under section 231(c)'.CommentsClose CommentsPermalink

SEC. 124. RELOCATION ALLOWANCES.

Section 238(a)(2) of the Trade Act of 1974 (19 U.S.C. 2298(a)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B), by striking `suitable' and inserting `comparable';CommentsClose CommentsPermalink





(2) in subparagraph (D)--CommentsClose CommentsPermalink





(A) in the heading, by striking `SUITABLE' and inserting `OUT-OF-AREA'; andCommentsClose CommentsPermalink





(B) in clause (i) to read as follows:CommentsClose CommentsPermalink





`(i) has obtained employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate and which provides wages that are substantially greater than the wages for the employment that is likely to be available to the worker in the area from which the worker would be relocating; and'; andCommentsClose CommentsPermalink





(3) in subparagraph (E)(ii), by striking `, unless the worker received a waiver under section 231(c)'.CommentsClose CommentsPermalink

Subtitle C--General Provisions

SEC. 131. AGREEMENTS WITH STATES.

(a) In General- Subsection (a) of section 239 of the Trade Act of 1974 (19 U.S.C. 2311) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding clause (1), by striking `any State agency' and inserting `a State agency';CommentsClose CommentsPermalink





(2) in clause (2), to read as follows: `(2) in accordance with subsections (e) and (f), will afford adversely affected workers testing and assessments, career counseling, referral to training and job search programs, and job placement services, and';CommentsClose CommentsPermalink





(3) by striking clause (3); andCommentsClose CommentsPermalink





(4) by redesignating clause (4) as clause (3).CommentsClose CommentsPermalink





(b) Administration- Subsection (e) of such section is amended--CommentsClose CommentsPermalink





(1) in the first sentence, to read as follows: `Any agreement entered into under this section shall provide for the administration of the provision for reemployment services, training, and supplemental assistance under sections 235 and 236 of this Act by the same State agency responsible for the administration of the State workforce investment program funded under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) and shall include such terms and conditions as are established by the Secretary in consultation with the States and set forth in such agreement.';CommentsClose CommentsPermalink





(2) in the second sentence, by striking `Any agency' and inserting `The agency'; andCommentsClose CommentsPermalink





(3) by adding at the end the following new sentence: `The terms and conditions set forth in the agreement shall include at a minimum that--CommentsClose CommentsPermalink





`(1) adversely affected workers applying for assistance under this chapter shall be co-enrolled in the dislocated worker program authorized under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.); andCommentsClose CommentsPermalink





`(2) the services provided under this chapter shall be administered through the one-stop delivery system established under title I of such Act (29 U.S.C. 2801 et seq.).'.CommentsClose CommentsPermalink





(c) Cooperating State Agency- Subsection (f) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (2), by adding `and' at the end;CommentsClose CommentsPermalink





(2) by striking paragraph (3);CommentsClose CommentsPermalink





(3) by redesignating paragraph (4) as paragraph (3); andCommentsClose CommentsPermalink





(4) in paragraph (3) (as redesignated by paragraph (3) of this subsection), by striking `suitable'.CommentsClose CommentsPermalink





(d) Performance Accountability- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(h) Performance Accountability-CommentsClose CommentsPermalink





`(1) IN GENERAL- Any agreement entered into under this section shall include performance measures that the cooperating State or State agency is expected to achieve with respect to the program carried out under this chapter. The performance measures shall consist of indicators of performance and levels of performance applicable to each indicator.CommentsClose CommentsPermalink





`(2) INDICATORS OF PERFORMANCE- The indicators of performance shall be--CommentsClose CommentsPermalink





`(A) entry into employment;CommentsClose CommentsPermalink





`(B) retention in employment;CommentsClose CommentsPermalink





`(C) average earnings; andCommentsClose CommentsPermalink





`(D) such other indicators as the Secretary determines are appropriate.CommentsClose CommentsPermalink





`(3) LEVELS OF PERFORMANCE- The levels of performance for each State for the indicators of performance described in paragraph (2) shall be determined by the Secretary, after consultation with the State.CommentsClose CommentsPermalink





`(4) PERFORMANCE REPORTING- Any agreement shall also include a requirement that the State annually report to the Secretary the level of performance achieved with respect to each indicator under the program carried out under this chapter in the preceding fiscal year, and the State shall submit such additional reports regarding the performance of programs as the Secretary may require. The Secretary shall make the information contained in the annual reports available to the general public through publication on the Website of the Department of Labor and other appropriate methods and shall provide copies of the reports to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The Secretary shall also publish on the Website of the Department of Labor a list identifying those States that fail to submit reports to the Secretary on a timely basis or fail to submit accurate reports.'.CommentsClose CommentsPermalink

SEC. 132. AUTHORIZATION OF APPROPRIATIONS; INCENTIVE PAYMENTS TO STATES.

(a) In General- Subsection (a) of section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended by striking `December 31, 2007' and inserting `September 30, 2012'.CommentsClose CommentsPermalink





(b) Incentive Payments to States- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(c) Incentive Payments to States- If, in the last quarter of any fiscal year, the Secretary determines that the amount of funds needed to make payments for the costs of training under this chapter for such fiscal year will not reach the amount of the limitation described in section 236(b)(1)(A) and funds appropriated to make payments for the costs of such training remain available for obligation, the Secretary may use not more than an amount equal to five percent of the amount of the limitation described in such section 236(b)(1)(A) to award funds to States that the Secretary determines have demonstrated exemplary performance in carrying out the program under this chapter with respect to exceeding the performance levels established pursuant to section 239(h) and with respect to such other factors as the Secretary determines appropriate. Such funds shall be available to the States for the purpose of enhancing the administration of the program which may include improvements to management information systems, targeted outreach, staff training, and enhanced services to participants.'.CommentsClose CommentsPermalink





(c) Conforming and Clerical Amendments-CommentsClose CommentsPermalink





(1) CONFORMING AMENDMENT- Such section is further amended in the heading by inserting before the period at the end the following: `; incentive payments to states'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of contents in section 1 of the Trade Act of 1974 is amended by striking the item relating to section 245 and inserting the following:CommentsClose CommentsPermalink





`Sec. 245. Authorization of appropriations; incentive payments to States.'.CommentsClose CommentsPermalink

SEC. 133. PHASE-OUT OF DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE FOR OLDER WORKERS.

Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking `the date that is 5 years after the date under which such program is implemented by the State' and inserting `September 30, 2008'.CommentsClose CommentsPermalink

SEC. 134. WAGE SUPPLEMENT PROGRAM.

(a) In General- Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by inserting after section 246 the following new section:CommentsClose CommentsPermalink

`SEC. 246A. WAGE SUPPLEMENT PROGRAM.

`(a) Establishment- Beginning on October 1, 2008, the Secretary shall establish a program to provide the benefits described in subsection (b) to an adversely affected worker who meets the eligibility criteria described in subsection (c), including the requirement that such worker be employed for the minimum number of hours per week described in subsection (c)(3).CommentsClose CommentsPermalink





`(b) Benefits-CommentsClose CommentsPermalink





`(1) AMOUNT OF PAYMENTS- A State shall use the funds provided to the State under section 241 to pay an hourly wage supplement to an eligible adversely affected worker for a period not to exceed 2 years, in an amount equal to the difference, if any (but not less than zero) resulting from subtracting the amount described in paragraph (2)(B) from the amount described in paragraph (2)(A).CommentsClose CommentsPermalink





`(2) FACTORS- (A) For purposes of paragraph (1), the amount described in this subparagraph is the sum of--CommentsClose CommentsPermalink





`(i) whichever is the highest of--CommentsClose CommentsPermalink





`(I) the hourly minimum wage that is applicable to a worker under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), or if such worker is exempt under section 13 of such Act (29 U.S.C. 213), the hourly minimum wage that would be applicable if section 6(a)(1) of such Act (29 U.S.C. 206(a)(1)) were applied; orCommentsClose CommentsPermalink





`(II) the applicable State or local hourly minimum wage; andCommentsClose CommentsPermalink





`(ii) $2.40.CommentsClose CommentsPermalink





`(B) For purposes of paragraph (1), the amount described in this subparagraph is the hourly wage actually paid to such worker.CommentsClose CommentsPermalink





`(3) HEALTH INSURANCE ELIGIBILITY- A worker described in subsection (c) who is participating in the program established under subsection (a) is eligible to receive, for a period not to exceed 2 years, a credit for health insurance costs to the extent provided under section 35 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





`(c) Eligibility for Wage Supplement- A worker in a group that the Secretary has certified as eligible to apply for adjustment assistance under section 223 may elect to receive the benefits described in subsection (b) if such worker--CommentsClose CommentsPermalink





`(1) is covered by a certification under subchapter A of this chapter;CommentsClose CommentsPermalink





`(2) meets the requirements of paragraphs (1) and (2) of section 231(a));CommentsClose CommentsPermalink





`(3) is employed for an average of at least 30 hours per week, which may include employment as part of an apprenticeship program registered under the National Apprenticeship Act (20 U.S.C. 50 et seq.);CommentsClose CommentsPermalink





`(4) does not return to the employment from which the worker was separated; andCommentsClose CommentsPermalink





`(5) has not received any payments under section 246 while covered under the same certification as described in paragraph (1).CommentsClose CommentsPermalink





`(d) Effect on Other Benefits- A worker receiving payments under this section shall not be eligible to receive other benefits under this chapter except for training assistance provided under section 236 (provided that such worker otherwise meets the requirements of section 236) or the assistance described in subsection (b)(3). A worker may receive payments under this section during breaks in training that exceed the period described in section 233(e) if the worker otherwise meets the requirements of this section.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1 of the Trade Act of 1974 is amended by inserting after the item relating to section 246 the following:CommentsClose CommentsPermalink





`Sec. 246A. Wage supplement program.'.CommentsClose CommentsPermalink

SEC. 135. DEFINITIONS.

Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





`(18) The term `comparable employment' means, with respect to a worker, work of a substantially equal or higher skill level than the worker's past adversely affected employment, and wages for such work at not less than 80 percent of the worker's average weekly wage.CommentsClose CommentsPermalink





`(19) The term `adversely affected incumbent worker' means a worker who is a member of a group of workers who have been certified as eligible to apply for adjustment assistance under subchapter A and who has not been separated from adversely affected employment.'.CommentsClose CommentsPermalink

SEC. 136. CAPACITY-BUILDING GRANTS TO ENHANCE TRAINING FOR WORKERS.

(a) In General- Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`SEC. 250. CAPACITY-BUILDING GRANTS TO ENHANCE TRAINING FOR WORKERS.

`(a) In General- The Secretary may award grants to eligible entities described in subsection (b) to temporarily increase the capacity of such entities, through the activities authorized under subsection (c), to provide training to workers as provided for in section 236.CommentsClose CommentsPermalink





`(b) Eligible Entities- An eligible entity referred to in subsection (a) is--CommentsClose CommentsPermalink





`(1) a community college (as such term is defined in section 202(a)(2) of the Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 (20 U.S.C. 2371(a)(2)) that provides training for occupations in demand; orCommentsClose CommentsPermalink





`(2) a provider of training for occupations in demand that is eligible to receive funds under section 122 of the Workforce Investment Act of 1998 (29 U.S.C. 2842).CommentsClose CommentsPermalink





`(c) Authorized Activities- An eligible entity that is awarded a grant under this section shall utilize funds under the grant to expand available training slots and prepare adversely affected workers and adversely affected incumbent workers under this chapter for occupations in demand by conducting such activities as the Secretary may authorize, including--CommentsClose CommentsPermalink





`(1) the development of education and training curricula, which may be developed in consultation with employers of incumbent workers, local workforce investment boards (as defined in section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832)), labor organizations that represent individuals currently employed in occupations in demand for the local area, regional economic development agencies, one-stop operators (as defined in section 101(29) of such Act (29 U.S.C. 2801(29)), community-based organizations, or any other public or private entity that is likely to employ or facilitate the employment of adversely affected workers in occupations in demand;CommentsClose CommentsPermalink





`(2) the hiring of additional faculty and staff;CommentsClose CommentsPermalink





`(3) the acquisition of new equipment or the upgrading of existing equipment, which shall be necessary to facilitate the teaching of job skills to adversely affected workers and adversely affected incumbent workers; andCommentsClose CommentsPermalink





`(4) the development of a program to provide on-the-job training experiences for adversely affected workers in coordination with local employers that have committed to employ adversely affected workers following successful completion of the program.CommentsClose CommentsPermalink





`(d) Application-CommentsClose CommentsPermalink





`(1) REQUESTS FOR APPLICATIONS-CommentsClose CommentsPermalink





`(A) BY THE SECRETARY- In each fiscal year, and at such times as the Secretary may determine, the Secretary may request applications from eligible entities to carry out activities authorized under this section.CommentsClose CommentsPermalink





`(B) BY AN ELIGIBLE ENTITY- At any time, and in such form and manner as the Secretary may prescribe, an eligible entity may recommend that the Secretary initiate a request for capacity building grant applications if the eligible entity believes that there has been or will be a sudden and significant shortage of training slots available to adversely affected workers and adversely affected incumbent workers in a local area.CommentsClose CommentsPermalink





`(2) INFORMATION REQUIRED FOR APPLICATION- To be eligible to receive a grant under this section, an applicant shall provide to the Secretary the following information in the application:CommentsClose CommentsPermalink





`(A) A description of the factors in a local area that have resulted or may result in a significant increase in demand for training slots by adversely affected workers and adversely affected incumbent workers, which may include--CommentsClose CommentsPermalink





`(i) mass layoffs at firms that are believed to employ a large number of adversely affected workers;CommentsClose CommentsPermalink





`(ii) imminent closure or relocation of facilities that are believed to employ a large number of adversely affected workers; andCommentsClose CommentsPermalink





`(iii) prevailing labor market conditions that may have an immediate, measurable adverse employment impact on the employment of adversely affected workers.CommentsClose CommentsPermalink





`(B) A description of the number of training slots currently available to adversely affected workers and adversely affected incumbent workers, and the number of proposed additional slots to be made available using funds under the grant.CommentsClose CommentsPermalink





`(C) A description of the potential number of adversely affected workers and adversely affected incumbent workers in the local area who would be able to access increased training slots.CommentsClose CommentsPermalink





`(D) A description of the commitment made by local employers, labor organizations, and other public or private organizations to assist in the development of training and related curricula for the benefit of adversely affected workers and adversely affected incumbent workers.CommentsClose CommentsPermalink





`(e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2008 through 2012.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1 of the Trade Act of 1974 is amended by inserting after the item relating to section 249 the following:CommentsClose CommentsPermalink





`Sec. 250. Capacity-building grants to enhance training for workers.'.CommentsClose CommentsPermalink

Subtitle D--Effective Date

SEC. 141. EFFECTIVE DATE.

The amendments made by this title shall take effect beginning 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

TITLE II--OTHER TRADE ADJUSTMENT ASSISTANCE PROGRAMS AND RELATED PROVISIONS

SEC. 201. TECHNICAL ASSISTANCE FOR FIRMS.

Section 253 of the Trade Act of 1974 (19 U.S.C. 2343) is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





`(c)(1) Any grant made under subsection (b)(3) shall include performance measures that an intermediary organization is expected to achieve with respect to the program carried out under this chapter. The performance measures shall consist of indicators of performance described in paragraph (2) and levels of performance described in paragraph (3) applicable to each such indicator of performance.CommentsClose CommentsPermalink





`(2) The indicators of performance referred to in paragraph (1) are the following:CommentsClose CommentsPermalink





`(A) The extent to which outreach efforts effectively apprise import-impacted firms likely to benefit from the program about resources available under the program.CommentsClose CommentsPermalink





`(B) The extent to which firms receiving adjustment assistance under section 252 meet or exceed targets to retain or create employment.CommentsClose CommentsPermalink





`(C) The percentage of workers totally or partially separated from employment that have returned to work or returned to their previous level of employment.CommentsClose CommentsPermalink





`(D) The extent to which firms receiving adjustment assistance under section 252 meet or exceed targets for maintaining or increasing sales or production.CommentsClose CommentsPermalink





`(E) Such other indicators of performance as the Secretary may determine are appropriate.CommentsClose CommentsPermalink





`(3) The levels of performance referred to in paragraph (1) shall be determined by the Secretary, after consultation with the intermediary organization. In reviewing an intermediary organization's levels of performance, the Secretary shall take into consideration economic conditions affecting the region served by the organization that may affect that performance.CommentsClose CommentsPermalink





`(4)(A) Any grant made under subsection (b)(3) shall also include a requirement that the intermediary organization submit to the Secretary a report on an annual basis on the levels of performance achieved with respect to each indicator of performance under the program carried out under this chapter in the preceding fiscal year, and such additional reports regarding such indicators of performance as the Secretary may require.CommentsClose CommentsPermalink





`(B) The Secretary shall make the information contained in the reports described in subparagraph (A) available to the general public through publication on the Website of the Economic Development Administration and other appropriate methods. The Secretary shall provide copies of the reports described in subparagraph (A) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.CommentsClose CommentsPermalink





`(C) The Secretary shall also publish on the Website of the Economic Development Administration a list that identifies those intermediary organizations that fail to submit reports to the Secretary in accordance with subparagraph (A) on a timely basis or fail to submit accurate reports to the Secretary in accordance with subparagraph (A).CommentsClose CommentsPermalink





`(d) At least once every three years, the Secretary shall provide for an independent evaluation of each intermediary organization receiving assistance under this section to assess the intermediary organization's performance and contribution toward retention and creation of employment. The purpose of the evaluations shall be to determine which intermediary organizations are performing well and merit continued assistance under this section and which intermediary organizations should not receive continued assistance under this section, so that other universities and intermediary organizations that have not previously received assistance under this section may participate in the program carried out under this chapter.'.CommentsClose CommentsPermalink

SEC. 202. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.

Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended--CommentsClose CommentsPermalink





(1) by striking `and $4,000,000' and inserting `$4,000,000'; andCommentsClose CommentsPermalink





(2) by inserting after `October 1, 2007,' the following: `$15,000,000 for the 9-month period beginning on January 1, 2008, and $19,000,000 for each of the fiscal years 2009 through 2012,'.CommentsClose CommentsPermalink

SEC. 203. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.

Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended by adding at the end the following new sentence: `There are authorized to be appropriated to the Department of Agriculture to carry out this chapter $81,000,000 for the 9-month period beginning on January 1, 2008, and $90,000,000 for each of the fiscal years 2009 through 2012.'.CommentsClose CommentsPermalink

SEC. 204. JUDICIAL REVIEW.

(a) In General- Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended in the first sentence--CommentsClose CommentsPermalink





(1) by striking `or authorized representative' and inserting `or other duly authorized representative';CommentsClose CommentsPermalink





(2) by striking `aggrieved' and inserting `, or any of the individuals or entities described in section 221(a)(1)(C), aggrieved (or on behalf of such workers aggrieved)'; andCommentsClose CommentsPermalink





(3) by striking `section 223' and inserting `section 226'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall take effect beginning 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 205. TERMINATION.

Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking `December 31, 2007' each place it appears and inserting `September 30, 2012'.CommentsClose CommentsPermalink

TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. CREDIT REDUCTION FOR FAILURES RELATING TO CO-ENROLLMENT OF PARTICIPANTS AND PROGRAM PERFORMANCE REPORTS.

(a) In General- Paragraph (3) of section 3302(c) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by striking `(3) If' and inserting `(3) (A) Except as provided in subparagraph (B), if',CommentsClose CommentsPermalink





(2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, andCommentsClose CommentsPermalink





(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(B) If the Secretary of Labor determines that a State, or State agency, failed to meet the requirements of subsections (e)(1) (relating to the co-enrollment of participants) or (h)(3) (relating to the submission of reports on program performance) of section 239 of the Trade Act of 1974, the Secretary of Labor may direct that, in the case of a taxpayer subject to the unemployment compensation law of such State, the total credits (after applying subsections (a) and (b) and paragraphs (1) and (2) of this section) otherwise allowable under this section for a year during which such State or agency fails to meet those requirements shall (in lieu of reduction under subparagraph (A)) be reduced by 3 percent of the tax imposed with respect to wages paid by such taxpayer during such year which are attributable to such State.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply with respect to taxable years beginning after September 30, 2008.CommentsClose CommentsPermalink

SEC. 302. TAA WAGE SUPPLEMENT PARTICIPANTS ELIGIBILITY FOR CREDIT FOR HEALTH INSURANCE COSTS.

(a) Eligibility- Paragraph (1) of section 35(c) of the Internal Revenue Code of 1986 is amended by striking `and' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting `, and', and by adding after subparagraph (C) the following:CommentsClose CommentsPermalink





`(D) an eligible TAA wage supplement recipient.'.CommentsClose CommentsPermalink





(b) Eligible TAA Wage Supplement Recipient Defined- Subsection (c) of section 35 of such Code is amended by adding after paragraph (4) the following:CommentsClose CommentsPermalink





`(5) ELIGIBLE TAA WAGE SUPPLEMENT RECIPIENT- The term `eligible TAA wage supplement recipient' means, with respect to any month, any individual who--CommentsClose CommentsPermalink





`(A) is a worker described in section 246A(c) of the Trade Act of 1974 who is participating in the wage supplement program established under section 246A(a) of such Act, andCommentsClose CommentsPermalink





`(B) is receiving a benefit for such month under section 246A(b) of such Act.CommentsClose CommentsPermalink





An individual shall continue to be treated as an eligible TAA wage supplement recipient during the first month that such individual would otherwise cease to be an eligible TAA wage supplement recipient by reason of the preceding sentence.'.CommentsClose CommentsPermalink





(c) Qualified Health Insurance- Subparagraph (J) of section 35(e)(1) of such Code is amended by striking `or' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting `, or', and by inserting after clause (iii) the following:CommentsClose CommentsPermalink





`(iv) in the case of an eligible TAA wage supplement recipient, the benefit described in subsection (c)(5)(B).'.CommentsClose CommentsPermalink





(d) Subsidized Coverage- Subparagraph (B) of section 35(f)(1) of such Code is amended --CommentsClose CommentsPermalink





(1) by inserting `or an eligible TAA wage supplement recipient' after `eligible alternative TAA recipient' in the matter preceding clause (i), andCommentsClose CommentsPermalink





(2) by inserting `OR ELIGIBLE TAA WAGE SUPPLEMENT RECIPIENTS' after `ELIGIBLE ALTERNATIVE TAA RECIPIENTS' in the heading.CommentsClose CommentsPermalink





(e) Advance Payment of HCTC- Paragraph (1) of section 7527(d) of such Code is amended by striking `or an eligible alternative TAA recipient (as defined in section 35(c)(3))' and inserting `, an eligible alternative TAA recipient (as defined in section 35(c)(3)), or an eligible TAA wage supplement recipient (as defined in section 35(c)(5))'.CommentsClose CommentsPermalink





(f) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2007.CommentsClose CommentsPermalink