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co.mments
S 1739 IS
To amend section 35 of the Internal Revenue Code of 1986 to improve the health coverage tax credit, and for other purposes.
June 28, 2007
Mr. ROCKEFELLER (for himself and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Finance
To amend section 35 of the Internal Revenue Code of 1986 to improve the health coverage tax credit, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `TAA Health Coverage Improvement Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Improvement of the affordability of the credit.
Sec. 3. 100 percent credit and payment for monthly premiums paid prior to certification of eligibility for the credit.
Sec. 4. Eligibility for certain pension plan participants; presumptive eligibility.
Sec. 5. Clarification of 3-month creditable coverage requirement.
Sec. 6. TAA pre-certification period rule for purposes of determining whether there is a 63-day lapse in creditable coverage.
Sec. 7. Continued qualification of family members after certain events.
Sec. 8. Offering of Federal group coverage.
Sec. 9. Additional requirements for individual health insurance costs.
Sec. 10. Alignment of COBRA coverage with TAA period for TAA-eligible individuals.
Sec. 11. Notice requirements.
Sec. 12. Annual report on enhanced TAA benefits.
Sec. 13. Extension of national emergency grants.
SEC. 2. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.
(a) Improvement of Affordability-
(1) IN GENERAL- Section 35(a) of the Internal Revenue Code of 1986 (relating to credit for health insurance costs of eligible individuals) is amended by striking `65' and inserting `95'.
(2) CONFORMING AMENDMENT- Section 7527(b) of such Code (relating to advance payment of credit for health insurance costs of eligible individuals) is amended by striking `65' and inserting `95'.
(b) Effective Date- The amendments made by this section apply to taxable years beginning after December 31, 2007.
SEC. 3. 100 PERCENT CREDIT AND PAYMENT FOR MONTHLY PREMIUMS PAID PRIOR TO CERTIFICATION OF ELIGIBILITY FOR THE CREDIT.
(a) In General- Subsection (a) of section 35 of the Internal Revenue Code of 1986, as amended by section 2(a)(1), is amended--
(1) by striking the subsection heading and all that follows through `In case' and inserting `Amount of Credit-
`(1) IN GENERAL- In case'; and
(2) by adding at the end the following new paragraph:
`(2) 100 PERCENT CREDIT FOR MONTHS PRIOR TO ISSUANCE OF ELIGIBILITY CERTIFICATE- The amount allowed as a credit against the tax imposed by subtitle A shall be equal to 100 percent in the case of the taxpayer's first eligible coverage months occurring prior to the issuance of a qualified health insurance costs credit eligibility certificate.'.
(b) Payment for Premiums Due Prior to Certification of Eligibility for the Credit- Section 7527 of the Internal Revenue Code of 1986 (relating to advance payment of credit for health insurance costs of eligible individuals) is amended by adding at the end the following new subsection:
`(e) Payment for Premiums Due Prior to Issuance of Certificate- The program established under subsection (a) shall provide--
`(1) that the Secretary shall make payments on behalf of a certified individual of an amount equal to 100 percent of the premiums for coverage of the taxpayer and qualifying family members under qualified health insurance for eligible coverage months (as defined in section 35(b)) occurring prior to the issuance of a qualified health insurance costs credit eligibility certificate; and
`(2) that any payments made under paragraph (1) shall not be included in the gross income of the taxpayer on whose behalf such payments were made.'.
(c) Effective Date- The amendments made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after such date.
SEC. 4. ELIGIBILITY FOR CERTAIN PENSION PLAN RECIPIENTS; PRESUMPTIVE ELIGIBILITY.
(a) Eligibility for Certain Pension Plan Recipients- Subsection (c) of section 35 of the Internal Revenue Code of 1986 is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking `and' at the end;
(B) in subparagraph (C), by striking the period and inserting `, and'; and
(C) by adding at the end the following:
`(D) an eligible multiemployer pension participant.'; and
(2) by adding at the end the following new paragraph:
`(5) ELIGIBLE MULTIEMPLOYER PENSION RECIPIENT- The term `eligible multiemployer pension recipient' means, with respect to any month, any individual--
`(A) who has attained age 55 as of the first day of such month,
`(B) who is receiving a benefit from a multiemployer plan (as defined in section 3(37)(A) of the Employee Retirement Income Security Act of 1974), and
`(C) whose former employer has withdrawn from such multiemployer plan pursuant to section 4203(a) of such Act.'.
(b) Presumptive Eligibility for Petitioners for Trade Adjustment Assistance- Subsection (c) of section 35 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by adding at the end the following new paragraph:
`(6) PRESUMPTIVE STATUS AS A TAA RECIPIENT- The term `eligible individual' shall include any individual who is covered by a petition filed with the Secretary of Labor under section 221 of the Trade Act of 1974. This paragraph shall apply to any individual only with respect to months which--
`(A) end after the date that such petition is so filed, and
`(B) begin before the earlier of--
`(i) the 90th day after the date of filing of such petition, or
`(ii) the date on which the Secretary of Labor makes a final determination with respect to such petition.'.
(c) Conforming Amendments-
(1) 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)), an eligible multiemployer pension recipient (as defined in section 35(c)(5), or an individual who is an eligible individual by reason of section 35(c)(6)'.
(2) Section 173(f)(4) of the Workforce Investment Act of 1998 (
(A) in subparagraph (B), by striking `and' at the end;
(B) in subparagraph (C), by striking the period and inserting a comma; and
(C) by inserting after subparagraph (C), the following new subparagraphs:
`(D) an eligible multiemployer pension recipient (as defined in section 35(c)(5) of the Internal Revenue Code of 1986), and
`(E) an individual who is an eligible individual by reason of section 35(c)(6) of the Internal Revenue Code of 1986.'.
(d) Technical Amendment Clarifying Eligibility of Certain Displaced Workers Receiving a Benefit Under a Defined Benefit Pension Plan- The first sentence of section 35(c)(2) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: `, and shall include any such individual who would be eligible to receive such an allowance but for the fact that the individual is receiving a benefit under a defined benefit plan (as defined in section 3(35) of the Employee Retirement Income Security Act of 1974).'.
(e) Effective Date- The amendments made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after such date.
SEC. 5. CLARIFICATION OF 3-MONTH CREDITABLE COVERAGE REQUIREMENT.
(a) In General- Clause (i) of section 35(e)(2)(B) of the Internal Revenue Code of 1986 (defining qualifying individual) is amended by inserting `(prior to the employment separation necessary to attain the status of an eligible individual)' after `9801(c)'.
(b) Conforming Amendment- Section 173(f)(2)(B)(ii)(I) of the Workforce Investment Act of 1998 (
(c) Effective Date- The amendments made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after such date.
SEC. 6. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.
(a) ERISA Amendment- Section 701(c)(2) of the Employee Retirement Income Security Act of 1974 (
`(C) TAA-ELIGIBLE INDIVIDUALS-
`(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).
`(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).'.
(b) PHSA Amendment- Section 2701(c)(2) of the Public Health Service Act (
`(C) TAA-ELIGIBLE INDIVIDUALS-
`(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).
`(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).'.
(c) 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:
`(D) TAA-ELIGIBLE INDIVIDUALS-
`(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).
`(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).'.
(d) Effective Date- The amendments made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after such date.
SEC. 7. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS.
(a) In General- Subsection (g) of section 35 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (9) as paragraph (10) and inserting after paragraph (8) the following new paragraph:
`(9) CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS-
`(A) ELIGIBLE INDIVIDUAL BECOMES MEDICARE ELIGIBLE- In the case of a 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 any qualifying family member of such eligible individual (but not with respect to such eligible individual).
`(B) DIVORCE- In the case of a month which would be an eligible coverage month with respect to a former spouse of a taxpayer but for the finalization of a divorce between the spouse and the taxpayer that occurs during the period in which the taxpayer is an eligible individual, such month shall be treated as an eligible coverage month with respect to such former spouse.
`(C) DEATH- In the case of a month which would be an eligible coverage month with respect to an eligible individual but for the death of such individual, such month shall be treated as an eligible coverage month with respect to any qualifying family of such eligible individual.'.
(b) Conforming Amendment- Section 173(f) of the Workforce Investment Act of 1998 (
`(8) CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS-
`(A) ELIGIBLE INDIVIDUAL BECOMES MEDICARE ELIGIBLE- In the case of a 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 any qualifying family member of such eligible individual (but not with respect to such eligible individual).
`(B) DIVORCE- In the case of a month which would be an eligible coverage month with respect to a former spouse of a taxpayer but for the finalization of a divorce between the spouse and the taxpayer that occurs during the period in which the taxpayer is an eligible individual, such month shall be treated as an eligible coverage month with respect to such former spouse.
`(C) DEATH- In the case of a month which would be an eligible coverage month with respect to an eligible individual but for the death of such individual, such month shall be treated as an eligible coverage month with respect to any qualifying family of such eligible individual.'.
(c) Effective Date- The amendments made by this section shall apply to months beginning after the date of the enactment of this Act in taxable years ending after such date.
SEC. 8. OFFERING OF FEDERAL GROUP COVERAGE.
(a) Provision of Group Coverage-
(1) IN GENERAL- The Director of the Office of Personnel Management jointly with the Secretary of the Treasury shall establish a program under which eligible individuals (as defined in section 35(c) of the Internal Revenue Code of 1986) are offered enrollment under health benefit plans that are made available under FEHBP.
(2) TERMS AND CONDITIONS- The terms and conditions of health benefits plans offered under paragraph (1) shall be the same as the terms and coverage offered under FEHBP, except that the percentage of the premium charged to eligible individuals (as so defined) for such health benefit plans shall be equal to 5 percent.
(3) STUDY- The Director of the Office of Personnel Management jointly with the Secretary of the Treasury shall conduct a study of the impact of the offering of health benefit plans under this subsection on the terms and conditions, including premiums, for health benefit plans offered under FEHBP and shall submit to Congress, not later than 2 years after the date of the enactment of this Act, a report on such study. Such report may contain such recommendations regarding the establishment of separate risk pools for individuals covered under FEHBP and eligible individuals covered under health benefit plans offered under paragraph (1) as may be appropriate to protect the interests of individuals covered under FEHBP and alleviate any adverse impact on FEHBP that may result from the offering of such health benefit plans.
(4) FEHBP DEFINED- In this section, the term `FEHBP' means the Federal Employees Health Benefits Program offered under chapter 89 of title 5, United States Code.
(b) Conforming Amendments-
(1) Paragraph (1) of section 35(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
`(K) Coverage under a health benefits plan offered under section 8(a)(1) of the TAA Health Coverage Improvement Act of 2007.'.
(2) Section 173(f)(2)(A) of the Workforce Investment Act of 1998 (
`(xi) Coverage under a health benefits plan offered under section 8(a)(1) of the TAA Health Coverage Improvement Act of 2007.'.
SEC. 9. ADDITIONAL REQUIREMENTS FOR INDIVIDUAL HEALTH INSURANCE COSTS.
(a) In General- Subparagraph (A) of section 35(e)(2) of such Code is amended by striking `subparagraphs (B) through (H) of paragraph (1)' and inserting `paragraph (1) (other than subparagraphs (A), (I), and (K) thereof)'.
(b) Rating System Requirement- Subparagraph (J) of section 35(e)(1) of such Code is amended by adding at the end the following: `For purposes of this subparagraph and clauses (ii), (iii), and (iv) of subparagraph (F), such term does not include any insurance unless the premiums for such insurance are restricted based on a community rating system (determined other than on the basis of age).'.
(c) Clarification of Congressional Intent To Limit Use of Individual Health Insurance Coverage Option- Section 35(e)(1)(J) (relating to qualified health insurance) is amended in the matter preceding clause (i), by inserting `, but only' after `under individual health insurance'.
(d) Conforming Amendments- Section 173(f)(2) of the Workforce Investment Act of 1998 (
(1) in subparagraph (A)(x), by adding at the end the following: `Such term does not include any insurance unless the premiums for such insurance are restricted based on a community rating system (determined other than on the basis of age).'; and
(2) in subparagraph (B)--
(A) in the matter preceding subclause (I), by inserting `, but only' after `under individual health insurance'; and
(B) in clause (i), by striking `clauses (ii) through (viii) of subparagraph (A)' and inserting `subparagraph (A) (other than clauses (i), (x), and (xi) thereof)'.
SEC. 10. ALIGNMENT OF COBRA COVERAGE WITH TAA PERIOD FOR TAA-ELIGIBLE INDIVIDUALS.
(a) ERISA- Section 605(b) of the Employee Retirement Income Security Act of 1974 (
(1) in the subsection heading, by inserting `and Coverage' after `Election'; and
(2) in paragraph (2)--
(A) in the paragraph heading, by inserting `AND PERIOD' after `COMMENCEMENT';
(B) by striking `and shall' and inserting `, shall'; and
(C) by inserting `, and in no event shall the maximum period required under section 602(2)(A) be less than the period during which the individual is a TAA-eligible individual' before the period at the end.
(b) Internal Revenue Code of 1986- Section 4980B(f)(5)(C) of the Internal Revenue Code of 1986 is amended--
(1) in the subparagraph heading, by inserting `AND COVERAGE' after `ELECTION'; and
(2) in clause (ii)--
(A) in the clause heading, by inserting `AND PERIOD' after `COMMENCEMENT';
(B) by striking `and shall' and inserting `, shall'; and
(C) by inserting `, and in no event shall the maximum period required under paragraph (2)(B)(i) be less than the period during which the individual is a TAA-eligible individual' before the period at the end.
(c) Public Health Service Act- Section 2205(b) of the Public Health Service Act (
(1) in the subsection heading, by inserting `and Coverage' after `Election'; and
(2) in paragraph (2)--
(A) in the paragraph heading, by inserting `AND PERIOD' after `COMMENCEMENT';
(B) by striking `and shall' and inserting `, shall'; and
(C) by inserting `, and in no event shall the maximum period required under section 2202(2)(A) be less than the period during which the individual is a TAA-eligible individual' before the period at the end.
SEC. 11. NOTICE REQUIREMENTS.
Section 7527 of the Internal Revenue Code of 1986 (relating to advance payment of credit for health insurance costs of eligible individuals), as amended by section 3(b), is amended by adding at the end the following new subsection:
`(f) Inclusion of Certain Information- The notice by the Secretary (or by any person or entity designated by the Secretary) that an individual is eligible for a qualified health insurance costs credit eligibility certificate shall include--
`(1) information explaining how the program established under subsection (a) works with the credit established under section 35,
`(2) the name, address, and telephone number of the State office or offices responsible for determining that the individual is eligible for such certificate and for providing the individual with assistance with enrollment in qualified health insurance (as defined in section 35(e)),
`(3) a list of the coverage options that are treated as qualified health insurance (as so defined) by the State in which the individual resides, and
`(4) in the case of a TAA-eligible individual (as defined in section 4980B(f)(5)(C)(iv)(II)), a statement informing the individual that the individual has 63 days from the date that is 5 days after the postmark date of such notice to enroll in such insurance without a lapse in creditable coverage (as defined in section 9801(c)).'.
SEC. 12. ANNUAL REPORT ON ENHANCED TAA BENEFITS.
Not later than October 1 of each year (beginning in 2008) the Secretary of the Treasury, after consultation with the Secretary of Labor, shall report to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Education and the Workforce of the House of Representatives the following information with respect to the most recent taxable year ending before such date:
(1) The total number of participants utilizing the health insurance tax credit under section 35 of the Internal Revenue Code of 1986, including a measurement of such participants identified--
(A) by State, and
(B) by coverage under COBRA continuation provisions (as defined in section 9832(d)(1) of such Code) and by non-COBRA coverage (further identified by group and individual market).
(2) The range of monthly health insurance premiums offered and the average and median monthly health insurance premiums offered to TAA-eligible individuals (as defined in section 4980B(f)(5)(C)(iv)(II) of such Code) under COBRA continuation provisions (as defined in section 9832(d)(1) of such Code), State-based continuation coverage provided under a State law that requires such coverage, and each category of coverage described in section 35(e)(1) of such Code, identified by State and by the actuarial value of such coverage and the specific benefits provided and cost-sharing imposed under such coverage.
(3) The number of States applying for and receiving national emergency grants under section 173(f) of the Workforce Investment Act of 1998 (
(4) The cost of administering the health credit program under section 35 of such Code, by function, including the cost of subcontractors.
SEC. 13. EXTENSION OF NATIONAL EMERGENCY GRANTS.
(a) In General- Section 173(f) of the Workforce Investment Act of 1998 (
(1) by striking paragraph (1) and inserting the following new paragraph:
`(1) USE OF FUNDS-
`(A) HEALTH INSURANCE COVERAGE FOR ELIGIBLE INDIVIDUALS IN ORDER TO OBTAIN QUALIFIED HEALTH INSURANCE THAT HAS GUARANTEED ISSUE AND OTHER CONSUMER PROTECTIONS- Funds made available to a State or entity under paragraph (4)(A) of subsection (a) shall be used to provide an eligible individual described in paragraph (4)(C) and such individual's qualifying family members with health insurance coverage for the 3-month period that immediately precedes the first eligible coverage month (as defined in section 35(b) of the Internal Revenue Code of 1986) in which such eligible individual and such individual's qualifying family members are covered by qualified health insurance that meets the requirements described in clauses (i) through (iv) of section 35(e)(2)(A) of the Internal Revenue Code of 1986 (or such longer minimum period as is necessary in order for such eligible individual and such individual's qualifying family members to be covered by qualified health insurance that meets such requirements).
`(B) ADDITIONAL USES- Funds made available to a State or entity under paragraph (4)(A) of subsection (a) may be used by the State or entity for the following:
`(i) HEALTH INSURANCE COVERAGE- To assist an eligible individual and such individual's qualifying family members with enrolling in health insurance coverage and qualified health insurance or paying premiums for such coverage or insurance.
`(ii) ADMINISTRATIVE EXPENSES AND START-UP EXPENSES TO ESTABLISH GROUP HEALTH PLAN COVERAGE OPTIONS FOR QUALIFIED HEALTH INSURANCE- To pay the administrative expenses related to the enrollment of eligible individuals and such individuals' qualifying family members in health insurance coverage and qualified health insurance, including--
`(I) eligibility verification activities;
`(II) the notification of eligible individuals of available health insurance and qualified health insurance options;
`(III) processing qualified health insurance costs credit eligibility certificates provided for under section 7527 of the Internal Revenue Code of 1986;
`(IV) providing assistance to eligible individuals in enrolling in health insurance coverage and qualified health insurance;
`(V) the development or installation of necessary data management systems; and
`(VI) any other expenses determined appropriate by the Secretary, including start-up costs and on going administrative expenses, in order for the State to treat the coverage described in subparagraph (C), (D), (E), or (F)(i) of section 35(e)(1) of the Internal Revenue Code of 1986, or, only if the coverage is under a group health plan, the coverage described in subparagraph (F)(ii), (F)(iii), (F)(iv), (G), or (H) of such section, as qualified health insurance under that section.
`(iii) OUTREACH- To pay for outreach to eligible individuals to inform such individuals of available health insurance and qualified health insurance options, including outreach consisting of notice to eligible individuals of such options made available after the date of enactment of this clause and direct assistance to help potentially eligible individuals and such individual's qualifying family members qualify and remain eligible for the credit established under section 35 of the Internal Revenue Code of 1986 and advance payment of such credit under section 7527 of such Code.
`(iv) BRIDGE FUNDING- To assist potentially eligible individuals purchase qualified health insurance coverage prior to issuance of a qualified health insurance costs credit eligibility certificate under section 7527 of the Internal Revenue Code of 1986 and commencement of advance payment, and receipt of expedited payment, under subsections (a) and (e), respectively, of that section.
`(C) RULE OF CONSTRUCTION- The inclusion of a permitted use under this paragraph shall not be construed as prohibiting a similar use of funds permitted under subsection (g).'; and
(2) by striking paragraph (2) and inserting the following new paragraph:
`(2) QUALIFIED HEALTH INSURANCE- For purposes of this subsection and subsection (g), the term `qualified health insurance' has the meaning given that term in section 35(e) of the Internal Revenue Code of 1986.'.
(b) Funding- Section 174(c)(1) of the Workforce Investment Act of 1998 (
(1) in the paragraph heading, by striking `AUTHORIZATION AND APPROPRIATION FOR FISCAL YEAR 2002' and inserting `APPROPRIATIONS'; and
(2) by striking subparagraph (A) and inserting the following new subparagraph:
`(A) to carry out subsection (a)(4)(A) of section 173--
`(i) $10,000,000 for fiscal year 2002; and
`(ii) $300,000,000 for the period of fiscal years 2008 through 2010; and'.
(c) Report Regarding Failure To Comply With Requirements for Expedited Approval Procedures- Section 173(f) of the Workforce Investment Act of 1998 (
`(8) REPORT FOR FAILURE TO COMPLY WITH REQUIREMENTS FOR EXPEDITED APPROVAL PROCEDURES- If the Secretary fails to make the notification required under clause (i) of paragraph (3)(A) within the 15-day period required under that clause, or fails to provide the technical assistance required under clause (ii) of such paragraph within a timely manner so that a State or entity may submit an approved application within 2 months of the date on which the State or entity's previous application was disapproved, the Secretary shall submit a report to Congress explaining such failure.'.
(d) Technical Amendment- Effective as if included in the enactment of the Trade Act of 2002 (Public Law 107-210; 116 Stat. 933), subsection (f) of section 203 of that Act is repealed.
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