U.S. Congress - Text of S.1848 as Introduced in Senate Trade and Globalization Adjustment Assistance Act of 2007
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Donate NowS.1848 - Trade and Globalization Adjustment Assistance Act of 2007
A bill to amend the Trade Act of 1974 to address the impact of globalization, to reauthorize trade adjustment assistance, to extend trade adjustment assistance to service workers, communities, firms, and farmers, and for other purposes.
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To amend the Trade Act of 1974 to address the impact of globalization, to reauthorize trade adjustment assistance, to extend trade adjustment assistance to service workers, communities, firms, and farmers, and for other purposes.CommentsClose CommentsPermalink
July 23, 2007
Mr. BAUCUS (for himself, Ms. SNOWE, Mr. WYDEN, Mr. COLEMAN, Ms. STABENOW, Ms. CANTWELL, Mr. SALAZAR, Mrs. MURRAY, Mr. BINGAMAN, Ms. KLOBUCHAR, Mr. LEVIN, and Mr. OBAMA) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
To amend the Trade Act of 1974 to address the impact of globalization, to reauthorize trade adjustment assistance, to extend trade adjustment assistance to service workers, communities, firms, and farmers, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Trade and Globalization Adjustment Assistance Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
Subtitle A--Trade Adjustment Assistance for Services Sector; Shifts in Production Overseas
Sec. 101. Extension of trade adjustment assistance to services sector; shifts in production.CommentsClose CommentsPermalink
Sec. 102. Monitoring and reporting.CommentsClose CommentsPermalink
Sec. 103. Effective date.CommentsClose CommentsPermalink
Subtitle B--Industry-Wide Trade Adjustment Assistance
Sec. 111. Other methods of requesting investigation.CommentsClose CommentsPermalink
Sec. 112. Notification.CommentsClose CommentsPermalink
Sec. 113. Industry-wide determination.CommentsClose CommentsPermalink
Sec. 114. Regulations.CommentsClose CommentsPermalink
Subtitle C--Training
Sec. 121. Prerequisite education; approved training programs.CommentsClose CommentsPermalink
Sec. 122. Enrollment period; waivers.CommentsClose CommentsPermalink
Sec. 123. Temporary employment and on-the-job training accountability.CommentsClose CommentsPermalink
Sec. 124. Training funds.CommentsClose CommentsPermalink
Subtitle D--Health Coverage Improvement
Sec. 131. Short title.CommentsClose CommentsPermalink
Sec. 132. Improvement of the affordability of the credit.CommentsClose CommentsPermalink
Sec. 133. Payment for monthly premiums paid prior to certification of eligibility for credit.CommentsClose CommentsPermalink
Sec. 134. TAA recipients not enrolled in training programs eligible for credit.CommentsClose CommentsPermalink
Sec. 135. TAA pre-certification period rule for purposes of determining whether there is a 63-day lapse in creditable coverage.CommentsClose CommentsPermalink
Sec. 136. Continued qualification of family members after certain events.CommentsClose CommentsPermalink
Sec. 137. Preservation of State-based ratings laws.CommentsClose CommentsPermalink
Sec. 138. Alignment of COBRA coverage with TAA period for TAA-eligible individuals.CommentsClose CommentsPermalink
Sec. 139. Addition of coverage through voluntary employees' beneficiary associations.CommentsClose CommentsPermalink
Sec. 140. Notice requirements.CommentsClose CommentsPermalink
Sec. 141. Annual report on enhanced TAA benefits.CommentsClose CommentsPermalink
Sec. 142. Extension of national emergency grants.CommentsClose CommentsPermalink
Subtitle E--Wage Insurance
Sec. 151. Wage insurance.CommentsClose CommentsPermalink
Subtitle F--Other Trade Adjustment Assistance Matters
Sec. 161. Calculation of eligibility period for allowance to accommodate extended training, allowable breaks in training, litigation, and military service.CommentsClose CommentsPermalink
Sec. 162. Job search and relocation allowances.CommentsClose CommentsPermalink
Sec. 163. Certification of submissions; transparency.CommentsClose CommentsPermalink
Sec. 164. Establishment of the Office of the Ombudsman for the Trade Adjustment Assistance program.CommentsClose CommentsPermalink
Sec. 165. Data collection; information to workers.CommentsClose CommentsPermalink
Sec. 166. Pilot program for distribution of information to workers.CommentsClose CommentsPermalink
Sec. 167. Technical and conforming amendments.CommentsClose CommentsPermalink
Sec. 168. Extension of authorization of trade adjustment assistance for workers.CommentsClose CommentsPermalink
TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR RURAL AND DISTRESSED COMMUNITIES
Sec. 201. Purpose.CommentsClose CommentsPermalink
Sec. 202. Trade Adjustment Assistance for communities.CommentsClose CommentsPermalink
Sec. 203. Conforming amendments.CommentsClose CommentsPermalink
Sec. 204. Effective date.CommentsClose CommentsPermalink
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
Sec. 301. Trade adjustment assistance for firms.CommentsClose CommentsPermalink
Sec. 302. Extension of authorization of trade adjustment assistance for firms.CommentsClose CommentsPermalink
TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS AND FISHERMEN
Sec. 401. Clarification of marketing year.CommentsClose CommentsPermalink
Sec. 402. Application to fisherman.CommentsClose CommentsPermalink
Sec. 403. Eligibility.CommentsClose CommentsPermalink
Sec. 404. Benefits.CommentsClose CommentsPermalink
Sec. 405. Audits and reports.CommentsClose CommentsPermalink
Sec. 406. Extension of authorization of trade adjustment assistance for farmers.CommentsClose CommentsPermalink
TITLE I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS
Subtitle A--Trade Adjustment Assistance for Services Sector; Shifts in Production Overseas
SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICES SECTOR; SHIFTS IN PRODUCTION.
(a) Adjustment Assistance for Workers- Section 221(a)(1)(A) of the Trade Act of 1974 (
(b) Group Eligibility Requirements; Service Workers; Shifts in Production- Section 222 of the Trade Act of 1974 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking `agricultural firm)' and inserting `agricultural firm, and workers in a service sector firm or subdivision of a service sector firm, or public agency)';CommentsClose CommentsPermalink
(B) in paragraph (1), by inserting `or public agency' after `of the firm'; andCommentsClose CommentsPermalink
(C) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A)(ii), by striking `like or directly competitive with articles produced' and inserting `or services like or directly competitive with articles produced or services provided'; andCommentsClose CommentsPermalink
(ii) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink
`(B)(i) there has been a shift, by such workers' firm, subdivision, or public agency to a foreign country, of production of articles, or in provision of services, like or directly competitive with articles which are produced, or services which are provided by such firm, subdivision, or public agency; orCommentsClose CommentsPermalink
`(ii) such workers' firm, subdivision, or public agency has obtained or is likely to obtain such services from a foreign country.';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking `agricultural firm)' and inserting `agricultural firm, and workers in a service sector firm or subdivision of a service sector firm, or public agency)';CommentsClose CommentsPermalink
(B) in paragraph (2), by inserting `or service' after `related to the article'; andCommentsClose CommentsPermalink
(C) in paragraph (3)(A), by inserting `or services' after `component parts';CommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (3)--CommentsClose CommentsPermalink
(i) by inserting `or services' after `value-added production processes';CommentsClose CommentsPermalink
(ii) by striking `or finishing' and inserting `, finishing, testing, packaging, or maintenance or transportation services';CommentsClose CommentsPermalink
(iii) by inserting `or services' after `for articles';CommentsClose CommentsPermalink
(iv) by inserting `(or subdivision)' after `such other firm'; andCommentsClose CommentsPermalink
(v) by striking `, if the certification of eligibility' and all that follows through `Canada or Mexico'; andCommentsClose CommentsPermalink
(B) in paragraph (4)--CommentsClose CommentsPermalink
(i) by striking `for articles' and inserting `, or services, used in the production of articles or in the provision of services'; andCommentsClose CommentsPermalink
(ii) by inserting `(or subdivision)' after `such other firm'; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`(d) Basis for Secretary's Determinations-CommentsClose CommentsPermalink
`(1) INCREASED IMPORTS- For purposes of subsection (a)(2)(A)(ii), the Secretary may determine that increased imports of like or directly competitive articles or services exist if the workers' firm or subdivision, or customers of the workers' firm or subdivision accounting for not less than 20 percent of the sales of the workers' firm or subdivision, certify to the Secretary that such customers are obtaining such articles or services from a foreign country.CommentsClose CommentsPermalink
`(2) OBTAINING SERVICES ABROAD- For purposes of subsection (a)(2)(B)(ii), the Secretary may determine that the workers' firm, subdivision, or public agency has obtained or is likely to obtain like or directly competitive services from a foreign country based on a certification thereof from the workers' firm, subdivision, or public agency.CommentsClose CommentsPermalink
`(3) AUTHORITY OF THE SECRETARY- The Secretary may obtain the certifications under paragraphs (1) and (2) through questionnaires or in such other manner as the Secretary determines is appropriate.CommentsClose CommentsPermalink
`(e) Additional Information- In determining whether to certify a group of workers under subsection (a) or (b) pursuant to a petition filed under section 221, the Secretary should confirm information furnished in the petition and elicit other relevant information by contacting--CommentsClose CommentsPermalink
`(1) officials of firms and unions;CommentsClose CommentsPermalink
`(2) employees and any other persons;CommentsClose CommentsPermalink
`(3) Federal and State agencies; andCommentsClose CommentsPermalink
`(4) public and private organizations.'.CommentsClose CommentsPermalink
(c) Definitions- Section 247 of the Trade Act of 1974 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by inserting `or public agency' after `of a firm'; andCommentsClose CommentsPermalink
(B) by inserting `or public agency' after `or subdivision';CommentsClose CommentsPermalink
(2) in paragraph (2)(B), by inserting `or public agency' after `the firm';CommentsClose CommentsPermalink
(3) by redesignating paragraphs (8) through (17) as paragraphs (9) through (18), respectively; andCommentsClose CommentsPermalink
(4) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink
`(7) The term `public agency' means a department or agency of a State or local government or of the Federal Government.CommentsClose CommentsPermalink
`(8) The term `service sector firm' means an entity engaged in the business of providing services.'.CommentsClose CommentsPermalink
SEC. 102. MONITORING AND REPORTING.
Section 282 of the Trade Act of 1974 (
(1) in the first sentence--CommentsClose CommentsPermalink
(A) by striking `The Secretary' and inserting the following:CommentsClose CommentsPermalink
`(a) Monitoring Programs- The Secretary';CommentsClose CommentsPermalink
(B) by inserting `and services' after `imports of articles';CommentsClose CommentsPermalink
(C) by inserting `and domestic provision of services' after `domestic production';CommentsClose CommentsPermalink
(D) by inserting `or providing services' after `producing articles'; andCommentsClose CommentsPermalink
(E) by inserting `, or provision of services,' after `changes in production'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(b) Collection of Data and Reports on Service Sector-CommentsClose CommentsPermalink
`(1) SECRETARY OF LABOR- Not later than 90 days after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, the Secretary of Labor shall implement a system to collect data on adversely affected service workers that includes the number of workers by State, industry, and cause of dislocation of each worker.CommentsClose CommentsPermalink
`(2) SECRETARY OF COMMERCE- Not later than 180 days after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and report to Congress on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms obtaining services from firms in foreign countries.'.CommentsClose CommentsPermalink
SEC. 103. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on the date that is 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
Subtitle B--Industry-Wide Trade Adjustment Assistance
SEC. 111. OTHER METHODS OF REQUESTING INVESTIGATION.
Section 221 of the Trade Act of 1974 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (2), by inserting `or a request or resolution filed under subsection (c),' after `paragraph (1),'; andCommentsClose CommentsPermalink
(B) in paragraph (3), by inserting `, request, or resolution' after `petition' each place it appears; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(c) Other Methods of Initiating a Petition- Upon the request of the President or the United States Trade Representative, or the resolution of either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives, the Secretary shall promptly initiate an investigation under this chapter to determine the eligibility for adjustment assistance of--CommentsClose CommentsPermalink
`(1) a group of workers (which may include workers from more than one facility or employer); orCommentsClose CommentsPermalink
`(2) all workers in an occupation as that occupation is defined in the Bureau of Labor Statistics Standard Occupational Classification System.'.CommentsClose CommentsPermalink
SEC. 112. NOTIFICATION.
Section 224 of the Trade Act of 1974 (
`SEC. 224. NOTIFICATIONS REGARDING AFFIRMATIVE DETERMINATIONS AND SAFEGUARDS.
`(a) Notifications Regarding Chapter 1 Investigations and Determinations- Whenever the International Trade Commission makes a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the Commission shall immediately--CommentsClose CommentsPermalink
`(1) notify the Secretary of Labor of that finding; andCommentsClose CommentsPermalink
`(2) in the case of a finding with respect to an agricultural commodity, as defined in section 291, notify the Secretary of Agriculture of that finding.CommentsClose CommentsPermalink
`(b) Notification Regarding Bilateral Safeguards- The International Trade Commission shall immediately notify the Secretary of Labor and, in an investigation with respect to an agricultural commodity, the Secretary of Agriculture, whenever the Commission makes an affirmative determination pursuant to one of the following provisions:CommentsClose CommentsPermalink
`(1) Section 421 of this Act.CommentsClose CommentsPermalink
`(2) Section 312 of the United States-Australia Free Trade Agreement Implementation Act (
`(3) Section 312 of the United States-Morocco Free Trade Agreement Implementation Act (
`(4) Section 312 of the United States-Singapore Free Trade Agreement Implementation Act (
`(5) Section 312 of the United States-Chile Free Trade Agreement Implementation Act (
`(6) Section 302(b) of the North American Free Trade Agreement Implementation Act (
`(7) Section 212 of the United States-Jordan Free Trade Area Implementation Act (
`(8) Section 312 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (
`(9) Section 312 of the United States-Bahrain Free Trade Agreement Implementation Act (
`(10) Section 312 of the United States-Oman Free Trade Agreement Implementation Act (
`(c) Agricultural Safeguards- The Commissioner of U.S. Customs and Border Protection of the Department of Homeland Security shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, whenever the Commissioner assesses additional duties on a product pursuant to one of the following provisions:CommentsClose CommentsPermalink
`(1) Section 202 of the United States-Australia Free Trade Agreement Implementation Act (
`(2) Section 202 of the United States-Morocco Free Trade Agreement Implementation Act (
`(3) Section 201(c) of the United States-Chile Free Trade Agreement Implementation Act (
`(4) Section 309 of the North American Free Trade Agreement Implementation Act (
`(5) Section 301(a) of the United States-Canada Free Trade Agreement Implementation Act of 1988 (
`(6) Section 404 of the United States-Israel Free Trade Area Implementation Act of 1985 (
`(7) Section 202 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (
`(d) Textile Safeguards- The President shall immediately notify the Secretary of Labor whenever the President makes a positive determination pursuant to one of the following provisions:CommentsClose CommentsPermalink
`(1) Section 322 of the United States-Australia Free Trade Agreement Implementation Act (
`(2) Section 322 of the United States-Morocco Free Trade Agreement Implementation Act (
`(3) Section 322 of the United States-Chile Free Trade Agreement Implementation Act (
`(4) Section 322 of the United States-Singapore Free Trade Agreement Implementation Act (
`(5) Section 322 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (
`(6) Section 322 of the United States-Bahrain Free Trade Agreement Implementation Act (
`(7) Section 322 of the United States-Oman Free Trade Agreement Implementation Act (
`(e) Antidumping and Countervailing Duties- Whenever the International Trade Commission makes a final affirmative determination pursuant to section 705 or 735 of the Tariff Act of 1930 (
SEC. 113. INDUSTRY-WIDE DETERMINATION.
Section 223 of the Trade Act of 1974 (
`(e) Determination Regarding Industry-Wide Certification-CommentsClose CommentsPermalink
`(1) DETERMINATION- If the Secretary receives a request or a resolution under section 221(c) on behalf of workers in a domestic industry or occupation (described in section 221(c)(2)) or certifies 3 or more petitions under section 221(a) within a 180-day period on behalf of groups of workers in a domestic industry or occupation, the Secretary shall--CommentsClose CommentsPermalink
`(A) make a determination, under subsection (a), of the eligibility of all adversely affected workers in that domestic industry or occupation; orCommentsClose CommentsPermalink
`(B) make a determination, under subsection (a), of the eligibility of all adversely affected workers in that domestic industry or occupation who are located in one or more States or regions of the United States.CommentsClose CommentsPermalink
`(2) PUBLICATION- Upon making a determination of the eligibility for adjustment assistance under this chapter of a group of workers or all workers in an industry or occupation under paragraph (1), the Secretary shall--CommentsClose CommentsPermalink
`(A) notify each State in which the workers are located of the determination; andCommentsClose CommentsPermalink
`(B) promptly publish a summary of the determination, together with a summary of the basis for the determination, in the Federal Register and on the website of the Department of Labor.'.CommentsClose CommentsPermalink
SEC. 114. REGULATIONS.
The Secretary of Labor may promulgate such regulations as may be necessary to carry out the amendments made by this subtitle.CommentsClose CommentsPermalink
Subtitle C--Training
SEC. 121. PREREQUISITE EDUCATION; APPROVED TRAINING PROGRAMS.
(a) In General- Section 236(a)(5) of the Trade Act of 1974 (
(1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;CommentsClose CommentsPermalink
(2) by inserting after subparagraph (D) the following:CommentsClose CommentsPermalink
`(E) any program of prerequisite education or coursework required to enroll in training that may be approved under this section,';CommentsClose CommentsPermalink
(3) in subparagraph (F)(ii), as redesignated by paragraph (1), by striking `and' at the end;CommentsClose CommentsPermalink
(4) in subparagraph (G), as redesignated by paragraph (1), by striking the period at the end and inserting `, and'; andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
`(H) any training program or coursework at an accredited institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) if there is a reasonable expectation of reemployment upon completion of the training program or coursework, including a training program or coursework for the purpose of--CommentsClose CommentsPermalink
`(i) obtaining a degree or certification; orCommentsClose CommentsPermalink
`(ii) completing a degree or certification that the worker had previously begun at an accredited institution of higher education.'.CommentsClose CommentsPermalink
(b) Conforming Amendments- Section 233 of the Trade Act of 1974 (
(1) in subsection (a)(2), by inserting `prerequisite education or' after `requires a program of'; andCommentsClose CommentsPermalink
(2) in subsection (g), by inserting `prerequisite education or' after `includes a program of'.CommentsClose CommentsPermalink
SEC. 122. ENROLLMENT PERIOD; WAIVERS.
(a) In General- Section 231 of the Trade Act of 1974 (
(1) in subsection (a)(5)(A)(ii)--CommentsClose CommentsPermalink
(A) in subclause (I), by striking `16th' and inserting `26th'; andCommentsClose CommentsPermalink
(B) in subclause (II), by striking `8th' and inserting `26th'; andCommentsClose CommentsPermalink
(2) in subsection (c)(1), by adding at the end the following:CommentsClose CommentsPermalink
`(G) ADVANCED DEGREE OR CERTIFICATION- The worker possesses a postgraduate degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) and there is a reasonable expectation of reemployment.CommentsClose CommentsPermalink
`(H) ADMINISTRATIVE ERROR- The worker did not enroll in training before the date described in subsection (a)(5) as a result of an administrative error made by a State.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 233(b) of the Trade Act of 1974 (
SEC. 123. TEMPORARY EMPLOYMENT AND ON-THE-JOB TRAINING ACCOUNTABILITY.
Section 236(d) of the Trade Act of 1974 (
`(d) Eligibility-CommentsClose CommentsPermalink
`(1) IN GENERAL- A worker may not be determined to be ineligible or disqualified for unemployment insurance or benefits under this subchapter--CommentsClose CommentsPermalink
`(A) because the worker--CommentsClose CommentsPermalink
`(i) is in training approved under subsection (a);CommentsClose CommentsPermalink
`(ii) left work that was not suitable employment to enter such training;CommentsClose CommentsPermalink
`(iii) left work that the worker engaged in on a temporary basis during a break in such training or a delay in the commencement of such training;CommentsClose CommentsPermalink
`(iv) left or refused on-the-job training that was not suitable on-the-job training; orCommentsClose CommentsPermalink
`(v) refused on-the-job training to attend a classroom training course approved under subsection (a); orCommentsClose CommentsPermalink
`(B) because the provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work apply to a week of training approved under subsection (a).CommentsClose CommentsPermalink
`(2) ELECTION OF TRADE READJUSTMENT ALLOWANCE OVER UNEMPLOYMENT INSURANCE- A worker may elect to receive benefits under this subchapter instead of receiving unemployment insurance if--CommentsClose CommentsPermalink
`(A) the worker leaves work that the worker engaged in on a temporary basis during a break in training, as described in paragraph (1)(A)(iii);CommentsClose CommentsPermalink
`(B) the worker is eligible for benefits under this subchapter for which the worker was eligible before engaging in such work; andCommentsClose CommentsPermalink
`(C) the worker is eligible for unemployment insurance based on leaving such work.CommentsClose CommentsPermalink
`(3) SUITABLE ON-THE-JOB TRAINING- For purposes of this subsection, the term `suitable on-the-job training' means on-the-job training--CommentsClose CommentsPermalink
`(A) that can reasonably be expected to lead to suitable employment;CommentsClose CommentsPermalink
`(B) that is compatible with the skills of the worker;CommentsClose CommentsPermalink
`(C) that--CommentsClose CommentsPermalink
`(i) involves a curriculum through which the worker learns the skills necessary for the job for which the worker is being trained; andCommentsClose CommentsPermalink
`(ii) can be measured by benchmarks that indicate that the worker is learning such skills; andCommentsClose CommentsPermalink
`(D) that is certified by the State as an on-the-job training program that meets the requirements of subparagraph (C).'.CommentsClose CommentsPermalink
SEC. 124. TRAINING FUNDS.
Section 236(a)(2) of the Trade Act of 1974 (
`(2) TOTAL PAYMENTS; ALLOCATION OF PAYMENTS-CommentsClose CommentsPermalink
`(A) TOTAL PAYMENTS FOR FISCAL YEAR 2008 AND SUCCEEDING FISCAL YEARS-CommentsClose CommentsPermalink
`(i) FISCAL YEAR 2008- The total amount of payments that may be made under paragraph (1) for fiscal year 2008 shall not exceed $440,000,000.CommentsClose CommentsPermalink
`(ii) FISCAL YEAR 2009 AND SUCCEEDING FISCAL YEARS- The following shall apply to fiscal year 2009 and each fiscal year thereafter:CommentsClose CommentsPermalink
`(I) IN GENERAL- The amount of the total payments that may be made for a fiscal year shall be 110 percent of the total payments authorized to be made for the preceding fiscal year, if during the preceding fiscal year the total amount obligated or expended by States was equivalent to 90 percent or more of the total payments authorized to be made for such preceding fiscal year.CommentsClose CommentsPermalink
`(II) EXCEPTION- The amount of the total payments that may be made for a fiscal year shall be 100 percent of the total payments authorized to be made for the preceding fiscal year, if during the preceding fiscal year the total amount obligated or expended by States was equivalent to less than 90 percent of the total payments authorized to be made for such preceding fiscal year.CommentsClose CommentsPermalink
`(B) ALLOCATION OF TOTAL PAYMENTS-CommentsClose CommentsPermalink
`(i) PLAN AND RULEMAKING-CommentsClose CommentsPermalink
`(I) PLAN- Not later than 90 days after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, the Secretary shall submit to Congress a plan--CommentsClose CommentsPermalink
`(aa) for allocating and disbursing payments among States in a manner that takes into account--CommentsClose CommentsPermalink
`(AA) historic trends in the number of workers covered by certifications under this chapter in each State, including the most recent 6-month period for which data are available;CommentsClose CommentsPermalink
`(BB) historic trends in the number of workers enrolled in training under this section in each State, including the most recent 6-month period for which data are available;CommentsClose CommentsPermalink
`(CC) the obligations of States to make payments with respect to training under this section for workers in the following fiscal year; andCommentsClose CommentsPermalink
`(DD) the ability of States to respond to unanticipated demands for training under this section; andCommentsClose CommentsPermalink
`(bb) for ensuring that States collect and report accurate information on the trends, obligations, and demands described in subclause (I).CommentsClose CommentsPermalink
`(II) RULEMAKING-CommentsClose CommentsPermalink
`(aa) IN GENERAL- The Secretary shall prescribe regulations, pursuant to
`(bb) TIMING OF RULEMAKING- The Secretary shall issue the notice of proposed rulemaking with respect to the regulations required by item (aa) not earlier than the date that is 90 days after the date on which the Secretary submits the plan under subclause (I).CommentsClose CommentsPermalink
`(ii) DISTRIBUTION OF REMAINING FUNDS- If, in any fiscal year, the Secretary does not distribute all of the funds authorized for payments under subparagraph (A), the Secretary shall distribute the remaining funds in a manner to be determined by the Secretary--CommentsClose CommentsPermalink
`(I) to any State that requests the distribution of such funds and has--CommentsClose CommentsPermalink
`(aa) expended more than 50 percent of the funds already distributed; orCommentsClose CommentsPermalink
`(bb) obligated more than 75 percent of the funds already distributed; andCommentsClose CommentsPermalink
`(II) to any State that the Secretary determines needs additional funds.CommentsClose CommentsPermalink
`(iii) ALLOCATION OF PAYMENTS IF COSTS ESTIMATED TO EXCEED TOTAL PAYMENTS- If, during a fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved under this section will exceed the amount of limitations imposed under subparagraph (A), the Secretary shall decide how the portion of such limitations that has not been expended at the time of such estimate is to be apportioned among the States for the remainder of such fiscal year.CommentsClose CommentsPermalink
`(C) USE OF TRAINING FUNDS FOR CASEWORKER SERVICES- Notwithstanding any other provision of law, a State may expend not more than 5 percent of the funds allocated to the State in a fiscal year for the costs of training approved under this section to provide services related to benefits under this chapter.CommentsClose CommentsPermalink
`(D) REPORT- Not later than 90 days after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, and every 90 days thereafter, 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 allocation among States of funds for training approved under section 236;CommentsClose CommentsPermalink
`(ii) the amount of funds obligated or expended to provide training under subsection (a), including obligations accrued for the following fiscal year, during the preceding quarter and cumulatively during the fiscal year;CommentsClose CommentsPermalink
`(iii) the demand for such funds anticipated for any remaining quarters in the fiscal year; andCommentsClose CommentsPermalink
`(iv) the efforts of the Department of Labor to ensure that each State receives funds sufficient to provide training approved under section 236 to all eligible workers.'.CommentsClose CommentsPermalink
Subtitle D--Health Coverage Improvement
SEC. 131. SHORT TITLE.
This title may be cited as the `TAA Health Coverage Improvement Act of 2007'.CommentsClose CommentsPermalink
SEC. 132. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.
(a) Improvement of Affordability-CommentsClose CommentsPermalink
(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 `85'.CommentsClose CommentsPermalink
(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 `85'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section apply to taxable years beginning after December 31, 2007.CommentsClose CommentsPermalink
SEC. 133. PAYMENT FOR MONTHLY PREMIUMS PAID PRIOR TO CERTIFICATION OF ELIGIBILITY FOR CREDIT.
(a) 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:CommentsClose CommentsPermalink
`(e) Payment for Premiums Due Prior to Issuance of Certificate- The program established under subsection (a) shall provide that the Secretary shall make 1 or more retroactive payments on behalf of a certified individual in an aggregate amount equal to 85 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.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment 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.CommentsClose CommentsPermalink
SEC. 134. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR CREDIT.
(a) In General- Paragraph (2) of section 35(c) of the Internal Revenue Code of 1986 (defining eligible TAA recipient) is amended by inserting `or (a)(5)' after `subsection (a)(3)(B)'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment 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.CommentsClose CommentsPermalink
SEC. 135. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.
(a) IRC Amendment- Section 9801(c)(2) of the Internal Revenue Code of 1986 (relating to not counting periods before significant breaks in creditable coverage) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(D) TAA-ELIGIBLE INDIVIDUALS-CommentsClose CommentsPermalink
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date which is 5 days after the date of the notice by the Secretary (or by any person or entity designated by the Secretary) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 shall not be taken into account in determining the continuous period under subparagraph (A).CommentsClose CommentsPermalink
`(ii) DEFINITIONS- The terms `TAA-eligible individual', and `TAA-related loss of coverage' have the meanings given such terms in section 4980B(f)(5)(C)(iv).'.CommentsClose CommentsPermalink
(b) ERISA Amendment- Section 701(c)(2) of the Employee Retirement Income Security Act of 1974 (
`(C) TAA-ELIGIBLE INDIVIDUALS-CommentsClose CommentsPermalink
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date that is 5 days after the date of the notice by the Secretary of the Treasury (or by any person or entity designated by the Secretary of the Treasury) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 of the Internal Revenue Code of 1986 shall not be taken into account in determining the continuous period under subparagraph (A).CommentsClose CommentsPermalink
`(ii) DEFINITIONS- The terms `TAA-eligible individual', and `TAA-related loss of coverage' have the meanings given such terms in section 605(b)(4).'.CommentsClose CommentsPermalink
(c) PHSA Amendment- Section 2701(c)(2) of the Public Health Service Act (
`(C) TAA-ELIGIBLE INDIVIDUALS-CommentsClose CommentsPermalink
`(i) TAA PRE-CERTIFICATION PERIOD RULE- In the case of a TAA-eligible individual, the period beginning on the date the individual has a TAA-related loss of coverage and ending on the date that is 5 days after the date of the notice by the Secretary of the Treasury (or by any person or entity designated by the Secretary of the Treasury) that the individual is eligible for a qualified health insurance costs credit eligibility certificate for purposes of section 7527 of the Internal Revenue Code of 1986 shall not be taken into account in determining the continuous period under subparagraph (A).CommentsClose CommentsPermalink
`(ii) DEFINITIONS- The terms `TAA-eligible individual', and `TAA-related loss of coverage' have the meanings given such terms in section 2205(b)(4).'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 136. 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:CommentsClose CommentsPermalink
`(9) CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS-CommentsClose CommentsPermalink
`(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 such eligible individual solely for purposes of determining the amount of the credit under this section with respect to any qualifying family member of such individual.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(C) DEATH- In the case of a month which occurs after the death of an eligible individual and which would be an eligible coverage month with respect to such eligible individual if the individual had survived and met any applicable eligibility requirements for the maximum permissible period, such month shall be treated as an eligible coverage month with respect to the spouse of such eligible individual.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 173(f) of the Workforce Investment Act of 1998 (
`(8) CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS-CommentsClose CommentsPermalink
`(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 paragraph (7)(B)(i), such month shall be treated as an eligible coverage month with respect to such eligible individual solely for purposes of determining the amount of the credit under this section with respect to any qualifying family member of such individual.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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 the spouse of such eligible individual.'.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 137. PRESERVATION OF STATE-BASED RATINGS LAWS.
(a) Ratings Requirement- Subparagraph (A) of section 35(e)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause:CommentsClose CommentsPermalink
`(v) RISK RATING- If risk rating is used to determine premiums for insurance provided under any subparagraph of paragraph (1) to which this subparagraph applies, the issuer of the insurance meets, with respect to such insurance, any requirements with respect to risk rating which are applicable under the laws of the State in which the insurance is issued to health insurance coverage provided to employees by an employer who normally employs between 2 and 50 employees on a typical business day.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 173(f)(2)(B)(i) of the Workforce Investment Act of 1998 (
`(V) RISK RATING- If risk rating is used to determine premiums for insurance provided under any clause of subparagraph (A) to which this clause applies, the issuer of the insurance meets, with respect to such insurance, any requirements with respect to risk rating which are applicable under the laws of the State in which the insurance is issued to health insurance coverage provided to employees by an employer who normally employs between 2 and 50 employees on a typical business day.'.CommentsClose CommentsPermalink
SEC. 138. ALIGNMENT OF COBRA COVERAGE WITH TAA PERIOD FOR TAA-ELIGIBLE INDIVIDUALS.
(a) Internal Revenue Code of 1986- Section 4980B(f)(5)(C) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink
(1) in the subparagraph heading, by inserting `AND COVERAGE' after `ELECTION'; andCommentsClose CommentsPermalink
(2) in clause (ii)--CommentsClose CommentsPermalink
(A) in the clause heading, by inserting `AND PERIOD' after `COMMENCEMENT'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new sentence: `In no event shall the maximum period required under paragraph (2)(B)(i) with respect to such continuation coverage be less than the period during which the individual is a TAA-eligible individual.'.CommentsClose CommentsPermalink
(b) ERISA- Section 605(b) of the Employee Retirement Income Security Act of 1974 (
(1) in the subsection heading, by inserting `and Coverage' after `Election'; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) in the paragraph heading, by inserting `AND PERIOD' after `COMMENCEMENT'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new sentence: `In no event shall the maximum period required under section 602(2)(A) with respect to such continuation coverage be less than the period during which the individual is a TAA-eligible individual.'.CommentsClose CommentsPermalink
(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'; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) in the paragraph heading, by inserting `AND PERIOD' after `COMMENCEMENT'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new sentence: `In no event shall the maximum period required under section 2202(2)(A) with respect to such continuation coverage be less than the period during which the individual is a TAA-eligible individual.'.CommentsClose CommentsPermalink
SEC. 139. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS.
(a) In General- Paragraph (1) of section 35(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(K) Coverage under an employee benefit plan funded by a voluntary employees' beneficiary association (as defined in section 501(c)(9)) established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative, as provided in
(b) Conforming Amendment- Section 173(f)(2)(A) of the Workforce Investment Act of 1998 (
`(xi) Coverage under an employee benefit plan funded by a voluntary employees' beneficiary association (as defined in section 501(c)(9) of the Internal Revenue Code of 1986) established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative, as provided in
SEC. 140. 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 this Act, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(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--CommentsClose CommentsPermalink
`(1) 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)),CommentsClose CommentsPermalink
`(2) a list of the coverage options that are treated as qualified health insurance (as so defined) by the State in which the individual resides, andCommentsClose CommentsPermalink
`(3) 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 date of such notice to enroll in such insurance without a lapse in creditable coverage (as defined in section 9801(c)).'.CommentsClose CommentsPermalink
SEC. 141. ANNUAL REPORT ON ENHANCED TAA BENEFITS.
Not later than October 1 of each year (beginning in 2007) 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 Labor of the House of Representatives the following information with respect to the most recent taxable year ending before such date:CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) by State, andCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 142. 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:CommentsClose CommentsPermalink
`(1) USE OF FUNDS-CommentsClose CommentsPermalink
`(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 (v) 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).CommentsClose CommentsPermalink
`(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:CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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--CommentsClose CommentsPermalink
`(I) eligibility verification activities;CommentsClose CommentsPermalink
`(II) the notification of eligible individuals of available health insurance and qualified health insurance options;CommentsClose CommentsPermalink
`(III) processing qualified health insurance costs credit eligibility certificates provided for under section 7527 of the Internal Revenue Code of 1986;CommentsClose CommentsPermalink
`(IV) providing assistance to eligible individuals in enrolling in health insurance coverage and qualified health insurance;CommentsClose CommentsPermalink
`(V) the development or installation of necessary data management systems; andCommentsClose CommentsPermalink
`(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 subparagraphs (C) through (H) of section 35(e)(1) of the Internal Revenue Code of 1986 as qualified health insurance under that section.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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).'; andCommentsClose CommentsPermalink
(2) by striking paragraph (2) and inserting the following new paragraph:CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(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'; andCommentsClose CommentsPermalink
(2) by striking subparagraph (A) and inserting the following new subparagraph:CommentsClose CommentsPermalink
`(A) to carry out subsection (a)(4)(A) of section 173--CommentsClose CommentsPermalink
`(i) $10,000,000 for fiscal year 2002; andCommentsClose CommentsPermalink
`(ii) $300,000,000 for the period of fiscal years 2008 through 2010; and'.CommentsClose CommentsPermalink
(c) Report Regarding Failure To Comply With Requirements for Expedited Approval Procedures- Section 173(f) of the Workforce Investment Act of 1998 (
`(9) 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.'.CommentsClose CommentsPermalink
(d) Technical Amendment- Effective as if included in the enactment of the Trade Act of 2002 (
Subtitle E--Wage Insurance
SEC. 151. WAGE INSURANCE.
(a) In General- Section 246 of the Trade Act of 1974 (
(1) in the heading, by striking `alternative trade adjustment assistance for older workers' and inserting `wage insurance';CommentsClose CommentsPermalink
(2) by striking `alternative trade adjustment assistance' each place it appears and inserting `wage insurance';CommentsClose CommentsPermalink
(3) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A)--CommentsClose CommentsPermalink
(I) by striking `for a period not to exceed 2 years' and inserting `for the eligibility period under paragraph (4)'; andCommentsClose CommentsPermalink
(II) by striking `paragraph (3)(B)' and inserting `paragraph (3)'; andCommentsClose CommentsPermalink
(ii) in subparagraph (B)--CommentsClose CommentsPermalink
(I) by striking `for a period not to exceed 2 years' and inserting `for the eligibility period under paragraph (4)'; andCommentsClose CommentsPermalink
(II) by striking `paragraph (3)(B)' and inserting `paragraph (3)';CommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
`(C) TRAINING- A worker described in paragraph (3) shall be eligible to receive training approved under section 236.';CommentsClose CommentsPermalink
(B) by striking paragraphs (3) through (5) and inserting the following:CommentsClose CommentsPermalink
`(3) ELIGIBILITY- A worker in a group that the Secretary has certified as eligible to apply for adjustment assistance under section 223 may elect to receive benefits under the wage insurance program if the worker--CommentsClose CommentsPermalink
`(A) is at least 40 years of age;CommentsClose CommentsPermalink
`(B) does not earn more than $60,000 a year in wages from reemployment; andCommentsClose CommentsPermalink
`(C) does not return to the employment from which the worker was separated and--CommentsClose CommentsPermalink
`(i) obtains reemployment on a full-time basis as defined by State law in the State in which the worker is employed;CommentsClose CommentsPermalink
`(ii) obtains reemployment of not less than 20 hours a week and is enrolled in training approved under section 236; orCommentsClose CommentsPermalink
`(iii) received a trade readjustment allowance under part I of subchapter B for less than the total number of weeks for which the worker was eligible to receive such allowance under section 233 and obtains reemployment not later than 26 weeks after successfully completing a training program approved under section 236.CommentsClose CommentsPermalink
`(4) ELIGIBILITY PERIOD-CommentsClose CommentsPermalink
`(A) WORKER WHO HAS NOT RECEIVED TRADE ADJUSTMENT ALLOWANCE- In the case of a worker described in paragraph (3) who has not received a trade readjustment allowance under part I of subchapter B, the worker may receive wage insurance under this section for a period not to exceed 2 years from the date that is the earlier of--CommentsClose CommentsPermalink
`(i) the date on which the worker exhausts all rights to unemployment insurance based on the separation of the worker from adversely affected employment; orCommentsClose CommentsPermalink
`(ii) the date on which the worker obtains reemployment.CommentsClose CommentsPermalink
`(B) WORKER WHO HAS RECEIVED TRADE ADJUSTMENT ALLOWANCE- In the case of a worker described in paragraph (3) who received a trade readjustment allowance under part I of subchapter B, the worker may receive wage insurance under this section for a period--CommentsClose CommentsPermalink
`(i) beginning on the date on which the worker obtains reemployment; andCommentsClose CommentsPermalink
`(ii) not to exceed--CommentsClose CommentsPermalink
`(I) the total number of weeks for which the worker is eligible for such allowance, lessCommentsClose CommentsPermalink
`(II) the total number of weeks for which the worker received such allowance.CommentsClose CommentsPermalink
`(5) TOTAL AMOUNT OF PAYMENTS- The payments described in paragraph (2)(A) made to a worker may not exceed $12,000 per worker during the eligibility period under paragraph (4).CommentsClose CommentsPermalink
`(6) LIMITATION ON TRADE READJUSTMENT ALLOWANCES- A worker described in paragraph (3) may not receive a trade readjustment allowance under part I of subchapter B during any week for which the worker receives a payment described in paragraph (2)(A).'; andCommentsClose CommentsPermalink
(4) in subsection (b)(2), by striking `subsection (a)(3)(B)' and inserting `subsection (a)(3)'.CommentsClose CommentsPermalink
(b) Extension of Program- Section 246(b)(1) of the Trade Act of 1974 (
(c) Technical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by amending the item relating to section 246 to read as follows:CommentsClose CommentsPermalink
`Sec. 246. Demonstration project for wage insurance.'.CommentsClose CommentsPermalink
Subtitle F--Other Trade Adjustment Assistance Matters
SEC. 161. CALCULATION OF ELIGIBILITY PERIOD FOR ALLOWANCE TO ACCOMMODATE EXTENDED TRAINING, ALLOWABLE BREAKS IN TRAINING, LITIGATION, AND MILITARY SERVICE.
Section 233 of the Trade Act of 1974 (
(1) in subsection (f), by striking `30' and inserting `90'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(h) Extension of Allowance- Notwithstanding any other provision of this section, a trade readjustment allowance may be paid to a worker for a period equivalent to the period the worker's enrollment in training was extended beyond the deadline applicable under section 231(a)(5)(A)(ii) pursuant to a waiver granted under subparagraph (D), (E), or (F) of section 231(c)(1).CommentsClose CommentsPermalink
`(i) Special Rule for Calculating Separation- Notwithstanding any other provision of this chapter, any period during which a judicial or administrative appeal is pending with respect to the denial by the Secretary of a petition under section 223 shall not be counted for purposes of calculating the period of separation under subsection (a)(2) and an adversely affected worker that would otherwise be entitled to a trade readjustment allowance shall not be denied such allowance because of such appeal.CommentsClose CommentsPermalink
`(j) Special Rule for Active Duty Military Service-CommentsClose CommentsPermalink
`(1) IN GENERAL- Notwithstanding any other provision of this section, an adversely affected worker described in paragraph (2) shall be eligible for a trade readjustment allowance and other benefits under this subchapter in the same manner and to the same extent as if a petition that resulted in a certification under section 223 for that worker was filed on the date described in paragraph (3).CommentsClose CommentsPermalink
`(2) WORKER DESCRIBED- A worker described in this paragraph means a worker who--CommentsClose CommentsPermalink
`(A) is a member of a reserve component of the Armed Forces; andCommentsClose CommentsPermalink
`(B) serves on active duty--CommentsClose CommentsPermalink
`(i) after the date on which the worker became totally separated, or partially separated, from the adversely affected employment; andCommentsClose CommentsPermalink
`(ii) before the worker completes training approved under section 236.CommentsClose CommentsPermalink
`(3) DATE DESCRIBED- The date described in this paragraph is a date that is on or before the 30th day after the worker returns from active duty or such later date as determined on a case-by-case basis by the Secretary.'.CommentsClose CommentsPermalink
SEC. 162. JOB SEARCH AND RELOCATION ALLOWANCES.
(a) Job Search Allowances- Section 237(b) of the Trade Act of 1974 (
(1) in paragraph (1), by striking `90 percent of the cost of' and inserting `all'; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking `$1,250' and inserting `$1,500'.CommentsClose CommentsPermalink
(b) Relocation Allowances- Section 238(b) of the Trade Act of 1974 (
(1) in paragraph (1), by striking `90 percent of the' and inserting `all'; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking `$1,250' and inserting `$1,500'.CommentsClose CommentsPermalink
SEC. 163. CERTIFICATION OF SUBMISSIONS; TRANSPARENCY.
Section 223 of the Trade Act of 1974 (
`(f) Submissions-CommentsClose CommentsPermalink
`(1) CERTIFICATION- If an employer submits a petition on behalf of a group of workers pursuant to section 221(a)(1) or if the Secretary requests evidence or information from an employer in order to make a determination under this section, the accuracy and completeness of any evidence or information submitted by the employer shall be certified by the employer's legal counsel or by an officer of the employer.CommentsClose CommentsPermalink
`(2) SUBPOENAS- It is the sense of Congress that the Secretary should require an employer to provide evidence or information requested by the Secretary under paragraph (1) by subpoena pursuant to section 249 if, within 20 days of such request, the employer does not--CommentsClose CommentsPermalink
`(A) provide such evidence or information; orCommentsClose CommentsPermalink
`(B) demonstrate to the satisfaction of the Secretary that the employer will provide such evidence or information within a reasonable time.CommentsClose CommentsPermalink
`(g) Standards for Investigations and Determinations-CommentsClose CommentsPermalink
`(1) PLAN- Not later than 90 days after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, the Secretary shall submit to Congress a plan for establishing standards, including data requirements, for investigations of petitions filed under section 221 and criteria for making determinations under subsection (a).CommentsClose CommentsPermalink
`(2) RULEMAKING-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall prescribe regulations, pursuant to
`(B) TIMING OF RULEMAKING- The Secretary shall issue the notice of proposed rulemaking with respect to the regulations required by subparagraph (A) not earlier than the date that is 90 days after the date on which the Secretary submits the plan under paragraph (1).'.CommentsClose CommentsPermalink
SEC. 164. ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR THE TRADE ADJUSTMENT ASSISTANCE PROGRAM.
(a) In General- Subchapter A of chapter 2 of title II of the Trade Act of 1974 (
`SEC. 221A. ESTABLISHMENT OF THE OFFICE OF THE TRADE ADJUSTMENT ASSISTANCE OMBUDSMAN.
`(a) Establishment- There is established in the Department of Labor an office to be known as the `Office of the Trade Adjustment Assistance Ombudsman' (in this section referred to as the `Office').CommentsClose CommentsPermalink
`(b) Head- The head of the Office shall be the Ombudsman. The individual serving as Ombudsman shall be either of the following:CommentsClose CommentsPermalink
`(1) An officer or employee of the Department of Labor designated by the Secretary from among officers and employees of the Department who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c).CommentsClose CommentsPermalink
`(2) An individual employed by the Secretary from the private sector from among individuals in the private sector who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c).CommentsClose CommentsPermalink
`(c) Duties- The duties of the Office shall be as follows:CommentsClose CommentsPermalink
`(1) To provide information on--CommentsClose CommentsPermalink
`(A) the benefits available under this chapter;CommentsClose CommentsPermalink
`(B) the requirements and procedures applicable to the provision of such benefits; andCommentsClose CommentsPermalink
`(C) the tax credit for health insurance costs under section 35 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
`(2) To provide technical assistance to individuals, groups of workers, and other parties seeking to file petitions with the Secretary for benefits under section 221.CommentsClose CommentsPermalink
`(3) To provide assistance to employers to provide information required by the Secretary related to a pending petition.CommentsClose CommentsPermalink
`(4) To receive complaints, grievances, and requests for assistance from workers seeking benefits under this chapter with respect to the administration of such benefits.CommentsClose CommentsPermalink
`(5) To carry out such other duties with respect to this chapter as the Secretary shall specify for purposes of this section.CommentsClose CommentsPermalink
`(d) Independent Office- The Secretary shall take appropriate actions to ensure the independence of the Office within the Department of Labor, including independence from other officers and employees of the Department engaged in activities relating to the administration of the provisions of this chapter.CommentsClose CommentsPermalink
`(e) Annual Report-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than February 15 each year, the Ombudsman shall submit to Congress a report on the activities of the Office under this section.CommentsClose CommentsPermalink
`(2) CONTENTS- Each report under paragraph (1) shall set forth the following:CommentsClose CommentsPermalink
`(A) The number and types of complaints, grievances, and requests for assistance received by the Ombudsman under this chapter during the preceding year.CommentsClose CommentsPermalink
`(B) An assessment of the most common difficulties encountered by workers seeking benefits under this chapter during the preceding year.CommentsClose CommentsPermalink
`(3) INITIAL REPORT- The first report under paragraph (1) shall be the report submitted in 2008.CommentsClose CommentsPermalink
`(f) Outreach- The Secretary of Labor (and the Secretary of the Treasury, with respect to the tax credit for health insurance costs under section 35 of the Internal Revenue Code of 1986) shall undertake outreach to advise the public of the existence and duties of the Office.'.CommentsClose CommentsPermalink
(b) Technical Amendment- The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 221 the following:CommentsClose CommentsPermalink
`Sec. 221A. Establishment of the Office of the Trade Adjustment Assistance Ombudsman.'.CommentsClose CommentsPermalink
SEC. 165. DATA COLLECTION; INFORMATION TO WORKERS.
(a) Data Collection- Subchapter C of chapter 2 of title II of the Trade Act of 1974 (
`SEC. 250. DATA COLLECTION; REPORT.
`(a) Data Collection- The Secretary shall, pursuant to regulations prescribed by the Secretary, collect any data necessary to meet the requirements of this chapter. The Secretary shall collect and publish, on an annual basis, the following:CommentsClose CommentsPermalink
`(1) The number of workers certified and the number of workers actually participating in the trade adjustment assistance program.CommentsClose CommentsPermalink
`(2) The time for processing petitions filed under section 221.CommentsClose CommentsPermalink
`(3) The number of training waivers granted under section 231(c), classified by the type of waiver granted.CommentsClose CommentsPermalink
`(4) The number of workers receiving benefits and the type of benefits being received.CommentsClose CommentsPermalink
`(5) The number of workers enrolled in, and the duration of, training approved under section 236 by major types of training.CommentsClose CommentsPermalink
`(6) Earnings history of workers that reflects wages before separation and wages in any job obtained after receiving benefits under this chapter.CommentsClose CommentsPermalink
`(7) Reemployment rates and sectors in which dislocated workers have been employed.CommentsClose CommentsPermalink
`(8) The cause of dislocation identified in each petition that resulted in a certification under this chapter.CommentsClose CommentsPermalink
`(9) The number of petitions filed and workers certified in each congressional district of the United States.CommentsClose CommentsPermalink
`(b) State Participation- The Secretary shall ensure, to the extent practicable, through oversight and effective internal control measures, the following:CommentsClose CommentsPermalink
`(1) STATE PARTICIPATION- Participation by each State in the collection of data required under subsection (a) and incentives for States to supplement employment and wage data obtained through the use of unemployment insurance wage records.CommentsClose CommentsPermalink
`(2) MONITORING- Monitoring by each State of internal control measures with respect to program measurement data collected by each State.CommentsClose CommentsPermalink
`(3) RESPONSE- The quality and speed of the rapid response provided by each State under section 134(a)(2)(A) of the Workforce Investment Act of 1998 (
`(c) Report-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than 1 year after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, and annually thereafter, 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 that includes the information collected under this section.CommentsClose CommentsPermalink
`(2) AVAILABILITY- The Secretary shall make a report required by paragraph (1) available to each State and to the public.'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) COORDINATION- Section 281 of the Trade Act of 1974 (
(2) TRADE MONITORING SYSTEM- Section 282 of the Trade Act of 1974 (
(3) TABLE OF CONTENTS- The table of contents for title II of the Trade Act of 1974 is amended by inserting after the item relating to section 249 the following:CommentsClose CommentsPermalink
`Sec. 250. Data collection; report.'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on the date that is 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 166. PILOT PROGRAM FOR DISTRIBUTION OF INFORMATION TO WORKERS.
(a) In General- Not later than September 30, 2008, the Secretary of Labor shall fully implement a pilot program to provide information on the availability of trade adjustment assistance under chapter 2 of title II of the Trade Act of 1974 (
(b) Study and Report by Comptroller General- Not later than March 31, 2011, the Comptroller General of the United States shall--CommentsClose CommentsPermalink
(1) conduct a study of the implementation and outcomes of the pilot program under subsection (a); andCommentsClose CommentsPermalink
(2) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the findings of the study conducted under paragraph (1).CommentsClose CommentsPermalink
(c) Regulations- The Secretary of Labor shall prescribe such regulations as may be necessary to implement the pilot program under subsection (a), pursuant to
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 167. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Technical Amendments-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 249 of the Trade Act of 1974 (
(2) TABLE OF CONTENTS- The table of contents for the Trade Act of 1974 is amended by striking `Subpena' in the item relating to section 249 and inserting `Subpoena'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 265(a) of the Trade Act of 1974 (
SEC. 168. EXTENSION OF AUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE FOR WORKERS.
(a) In General- Section 245(a) of the Trade Act of 1974 (
(b) Termination- Section 285(a) of the Trade Act of 1974 (
TITLE II--TRADE ADJUSTMENT ASSISTANCE FOR RURAL AND DISTRESSED COMMUNITIES
SEC. 201. PURPOSE.
The purpose of this title is to assist communities negatively impacted by trade with economic adjustment through the integration of political and economic organizations, the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the provision of economic transition assistance.CommentsClose CommentsPermalink
SEC. 202. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.
Chapter 4 of title II of the Trade Act of 1974 (
`CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
`SEC. 271. DEFINITIONS.
`In this chapter:CommentsClose CommentsPermalink
`(1) AGRICULTURAL COMMODITY PRODUCER- The term `agricultural commodity producer' has the same meaning as the term `person' as prescribed by regulations promulgated under section 1001(e) of the Food Security Act of 1985 (
`(2) COMMUNITY- The term `community' means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State that the Secretary certifies as being negatively impacted by trade.CommentsClose CommentsPermalink
`(3) COMMUNITY NEGATIVELY IMPACTED BY TRADE- A community negatively impacted by trade means a community with respect to which a positive determination has been made under section 273.CommentsClose CommentsPermalink
`(4) ELIGIBLE COMMUNITY- The term `eligible community' means a community certified under section 273 for assistance under this chapter.CommentsClose CommentsPermalink
`(5) FISHERMAN-CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `fisherman' means any person who--CommentsClose CommentsPermalink
`(i) is engaged in commercial fishing; orCommentsClose CommentsPermalink
`(ii) is a United States fish processor.CommentsClose CommentsPermalink
`(B) COMMERCIAL FISHING, FISH, FISHERY, FISHING, FISHING VESSEL, PERSON, AND UNITED STATES FISH PROCESSOR- The terms `commercial fishing', `fish', `fishery', `fishing', `fishing vessel', `person', and `United States fish processor' have the same meanings as such terms have in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (
`(6) SECRETARY- The term `Secretary' means the Secretary of Commerce.CommentsClose CommentsPermalink
`SEC. 272. COMMUNITY TRADE ADJUSTMENT ASSISTANCE PROGRAM.
`(a) Establishment- Within 6 months after the date of the enactment of the Trade and Globalization Adjustment Assistance Act of 2007, the Secretary shall establish a trade adjustment assistance for communities program at the Department of Commerce.CommentsClose CommentsPermalink
`(b) Personnel- The Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this chapter.CommentsClose CommentsPermalink
`(c) Coordination of Federal Response- The Secretary shall--CommentsClose CommentsPermalink
`(1) provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible communities;CommentsClose CommentsPermalink
`(2) coordinate the Federal response to an eligible community--CommentsClose CommentsPermalink
`(A) by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress;CommentsClose CommentsPermalink
`(B) by ensuring that all Federal agencies offering assistance to an eligible community do so in a targeted, integrated manner that ensures that an eligible community has access to all available Federal assistance;CommentsClose CommentsPermalink
`(C) by assuring timely consultation and cooperation between Federal, State, and regional officials concerning economic adjustment for an eligible community; andCommentsClose CommentsPermalink
`(D) by identifying and strengthening existing agency mechanisms designed to assist eligible communities in their efforts to achieve economic adjustment and workforce reemployment;CommentsClose CommentsPermalink
`(3) provide comprehensive technical assistance to any eligible community in the efforts of that community to--CommentsClose CommentsPermalink
`(A) identify serious economic problems in the community that are the result of negative impacts from trade;CommentsClose CommentsPermalink
`(B) integrate the major groups and organizations significantly affected by the economic adjustment;CommentsClose CommentsPermalink
`(C) access Federal, State, and local resources designed to assist in economic development and trade adjustment assistance;CommentsClose CommentsPermalink
`(D) diversify and strengthen the community economy; andCommentsClose CommentsPermalink
`(E) develop a community-based strategic plan to address economic development and workforce dislocation, including unemployment among agricultural commodity producers and fishermen;CommentsClose CommentsPermalink
`(4) establish specific criteria for submission and evaluation of a strategic plan submitted under section 274(d);CommentsClose CommentsPermalink
`(5) establish specific criteria for submitting and evaluating applications for grants under section 275;CommentsClose CommentsPermalink
`(6) administer the grant programs established under sections 274 and 275; andCommentsClose CommentsPermalink
`(7) establish an interagency Trade Adjustment Assistance for Communities Working Group, chaired by the Secretary or a designee of the Secretary, consisting of the representatives of any Federal department or agency with responsibility for economic adjustment assistance, including the Department of Agriculture, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the Department of Commerce, and any other Federal, State, or regional department or agency the Secretary determines necessary or appropriate.CommentsClose CommentsPermalink
`SEC. 273. CERTIFICATION AND NOTIFICATION.
`(a) Certification- Not later than 180 days after an event described in subsection (c)(1), a community described in subsection (b)(1) may submit a petition to the Secretary for a determination under subsection (b)(2) that the community is negatively impacted by trade, as described in subsection (b)(2). If the Secretary makes a positive determination, the Secretary shall certify the community as eligible for assistance under this chapter.CommentsClose CommentsPermalink
`(b) Determination That Community Is Eligible-CommentsClose CommentsPermalink
`(1) COMMUNITY DESCRIBED- A community described in this paragraph means a community with respect to which, on or after October 1, 2008--CommentsClose CommentsPermalink
`(A) the Secretary of Labor certifies a group of workers (or their authorized representative) in the community as eligible to apply for assistance pursuant to section 223;CommentsClose CommentsPermalink
`(B) the Secretary of Commerce certifies a firm located in the community as eligible to apply for adjustment assistance under section 251; orCommentsClose CommentsPermalink
`(C) the Secretary of Agriculture certifies a group of agricultural commodity producers (or their authorized representative) in the community as eligible to apply for adjustment assistance under section 293.CommentsClose CommentsPermalink
`(2) NEGATIVELY IMPACTED BY TRADE- The Secretary shall determine that a community is negatively impacted by trade, after taking into consideration--CommentsClose CommentsPermalink
`(A) the number of jobs affected compared to the size of the workforce in the community;CommentsClose CommentsPermalink
`(B) the severity of the rate of unemployment in the community and the duration of the unemployment in the community;CommentsClose CommentsPermalink
`(C) the income levels and the extent of underemployment in the community;CommentsClose CommentsPermalink
`(D) the out-migration of population from the community and the extent to which the out-migration is causing economic injury in the community; andCommentsClose CommentsPermalink
`(E) the unique problems and needs of the community.CommentsClose CommentsPermalink
`(c) Definition and Special Rules-CommentsClose CommentsPermalink
`(1) EVENT DESCRIBED- An event described in this paragraph means one of the following:CommentsClose CommentsPermalink
`(A) A notification described in paragraph (2).CommentsClose CommentsPermalink
`(B) A certification of a firm under section 251.CommentsClose CommentsPermalink
`(C) A determination by the Secretary that a significant number of fishermen in a community have been negatively impacted by trade.CommentsClose CommentsPermalink
`(2) NOTIFICATION- The Governor of a State shall be notified immediately--CommentsClose CommentsPermalink
`(A) by the Secretary of Labor, upon making a determination that a group of workers in the State is eligible for trade adjustment assistance under section 223;CommentsClose CommentsPermalink
`(B) by the Secretary of Commerce, upon making a determination that a firm in the State is eligible for adjustment assistance under section 251; andCommentsClose CommentsPermalink
`(C) by the Secretary of Agriculture, upon making a determination that a group of agricultural commodity producers in the State is eligible for adjustment assistance under section 293.CommentsClose CommentsPermalink
`(3) LOOK BACK-CommentsClose CommentsPermalink
`(A) IN GENERAL- Not later than 210 days after the date described in clause (ii), a community described in subsection (b)(1) may petition the Secretary for a determination that the community is negatively impacted by trade, as described in subsection (b)(2), in any case in which an event described in paragraph (1) occurs--CommentsClose CommentsPermalink
`(i) on or after January 1, 2007; andCommentsClose CommentsPermalink
`(ii) before the date on which the Secretary completes the implementation of the program established pursuant to section 272(a).CommentsClose CommentsPermalink
`(B) NOTIFICATIONS-CommentsClose CommentsPermalink
`(i) NOTIFICATIONS TO THE SECRETARY OF COMMERCE- If, during the period described in subparagraph (A), the Secretary of Labor makes a determination that a group of workers is eligible for trade adjustment assistance under section 223 (or the Secretary of Agriculture makes a determination that a group of agricultural commodity producers is eligible for adjustment assistance under section 293, as the case may be) the Secretary of Labor (or the Secretary of Agriculture, as the case may be) shall notify the Secretary of the determination not later than 30 days after the date described in subparagraph (A)(ii).CommentsClose CommentsPermalink
`(ii) NOTIFICATIONS TO STATES- The Secretary shall notify the Governor of a State of--CommentsClose CommentsPermalink
`(I) a determination--CommentsClose CommentsPermalink
`(aa) described in clause (i) made during the period described in subparagraph (A) in the State immediately upon receiving the notification required by clause (i); orCommentsClose CommentsPermalink
`(bb) made by the Secretary during the period described in subparagraph (A) that a firm in the State is eligible for adjustment assistance under section 251; andCommentsClose CommentsPermalink
`(II) the ability of a community affected by such a determination to petition under subparagraph (A) for a determination that the community is negatively impacted by trade.CommentsClose CommentsPermalink
`(d) Notification to Eligible Communities- Immediately upon certification by the Secretary that a community is eligible for assistance under subsection (b), the Secretary shall notify the community--CommentsClose CommentsPermalink
`(1) of the determination under subsection (b);CommentsClose CommentsPermalink
`(2) of the provisions of this chapter;CommentsClose CommentsPermalink
`(3) how to access the clearinghouse established by the Department of Commerce regarding available economic assistance;CommentsClose CommentsPermalink
`(4) how to obtain technical assistance provided under section 272(c)(3); andCommentsClose CommentsPermalink
`(5) how to obtain grants, tax credits, low income loans, and other appropriate economic assistance.CommentsClose CommentsPermalink
`SEC. 274. STRATEGIC PLANS.
`(a) In General- An eligible community may develop a strategic plan for community economic adjustment and diversification.CommentsClose CommentsPermalink
`(b) Requirements for Strategic Plan- A strategic plan shall contain, at a minimum, the following:CommentsClose CommentsPermalink
`(1) A description and justification of the capacity for economic adjustment, including the method of financing to be used.CommentsClose CommentsPermalink
`(2) A description of the commitment of the community to the strategic plan over the long term and the participation and input of groups affected by economic dislocation.CommentsClose CommentsPermalink
`(3) A description of the projects to be undertaken by the eligible community.CommentsClose CommentsPermalink
`(4) A description of how the plan and the projects to be undertaken by the eligible community will lead to job creation and job retention in the community.CommentsClose CommentsPermalink
`(5) A description of how the plan will achieve economic adjustment and diversification.CommentsClose CommentsPermalink
`(6) A description of how the plan and the projects will contribute to establishing or maintaining a level of public services necessary to attract and retain economic investment.CommentsClose CommentsPermalink
`(7) A description and justification for the cost and timing of proposed basic and advanced infrastructure improvements in the eligible community.CommentsClose CommentsPermalink
`(8) A description of how the plan will address the occupational and workforce conditions in the eligible community.CommentsClose CommentsPermalink
`(9) A description of the educational programs available for workforce training and future employment needs.CommentsClose CommentsPermalink
`(10) A description of how the plan will adapt to changing markets and business cycles.CommentsClose CommentsPermalink
`(11) A description and justification for the cost and timing of the total funds required by the community for economic assistance.CommentsClose CommentsPermalink
`(12) A graduation strategy through which the eligible community demonstrates that the community will terminate the need for Federal assistance.CommentsClose CommentsPermalink
`(c) Grants to Develop Strategic Plans- The Secretary, upon receipt of an application from an eligible community, may award a grant to that community to be used to develop the strategic plan under subsection (a).CommentsClose CommentsPermalink
`(d) Submission of Plan- A strategic plan developed under subsection (a) shall be submitted to the Secretary for evaluation and approval.CommentsClose CommentsPermalink
`SEC. 275. GRANTS FOR ECONOMIC DEVELOPMENT.
`(a) In General- The Secretary, upon approval of a strategic plan from an eligible community, may award a grant to that community to carry out any project or program that is certified by the Secretary to be included in the strategic plan approved under section 274(d), or consistent with that plan.CommentsClose CommentsPermalink
`(b) Additional Grants-CommentsClose CommentsPermalink
`(1) IN GENERAL- Subject to paragraph (2), in order to assist eligible communities to obtain funds under Federal grant programs, other than the grants provided for in section 274(c) or subsection (a) of this section, the Secretary may, upon the application of an eligible community, make a supplemental grant to the community if--CommentsClose CommentsPermalink
`(A) the purpose of the grant program from which the grant is made is to provide technical or other assistance for planning, constructing, or equipping public works facilities or to provide assistance for public service projects; andCommentsClose CommentsPermalink
`(B) the grant is one for which the community is eligible except for the community's inability to meet the non-Federal share requirements of the grant program.CommentsClose CommentsPermalink
`(2) USE AS NON-FEDERAL SHARE- A supplemental grant made under this subsection may be used to provide the non-Federal share of a project, unless the total Federal contribution to the project for which the grant is being made exceeds 80 percent and that excess is not permitted by law.CommentsClose CommentsPermalink
`(c) Rural Community Preference- The Secretary shall develop guidelines to ensure that rural communities receive preference in the allocation of resources.CommentsClose CommentsPermalink
`SEC. 276. GENERAL PROVISIONS.
`(a) Regulations- The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this chapter. The Secretary may not implement any regulation or guideline proposed by the Secretary with respect to this chapter, until the date that is 60 days after the date the Secretary submits the regulation or guideline to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink
`(b) Supplement Not Supplant- Funds appropriated under this chapter shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities.CommentsClose CommentsPermalink
`(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary $300,000,000 for each of fiscal years 2009 through 2013 to carry out this chapter. Amounts appropriated pursuant to this subsection shall remain available until expended.'.CommentsClose CommentsPermalink
SEC. 203. CONFORMING AMENDMENTS.
(a) Termination- Section 285(b) of the Trade Act of 1974 (
`(3) ASSISTANCE FOR COMMUNITIES- Technical assistance and other payments may not be provided under chapter 4 after September 30, 2013.'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for the Trade Act of 1974 is amended by striking the items relating to chapter 4 of title II and inserting the following:CommentsClose CommentsPermalink
`Chapter 4--Trade Adjustment Assistance for Communities
`Sec. 271. Definitions.CommentsClose CommentsPermalink
`Sec. 272. Community Trade Adjustment Assistance Program.CommentsClose CommentsPermalink
`Sec. 273. Certification and notification.CommentsClose CommentsPermalink
`Sec. 274. Strategic plans.CommentsClose CommentsPermalink
`Sec. 275. Grants for economic development.CommentsClose CommentsPermalink
`Sec. 276. General provisions.'.CommentsClose CommentsPermalink
(c) Judicial Review-CommentsClose CommentsPermalink
(1) Section 284(a) of the Trade Act of 1974 (
(A) by inserting `or 296' after `section 293';CommentsClose CommentsPermalink
(B) by striking `or any other interested domestic party' and inserting `or authorized representative of a community'; andCommentsClose CommentsPermalink
(C) by striking `section 271' and inserting `section 273'.CommentsClose CommentsPermalink
(2)
(A) in paragraph (2), by striking `; and' and inserting a semicolon;CommentsClose CommentsPermalink
(B) in paragraph (3)--CommentsClose CommentsPermalink
(i) by striking `271' and inserting `273'; andCommentsClose CommentsPermalink
(ii) by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(4) any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 (
SEC. 204. EFFECTIVE DATE.
The provisions of this title shall take effect on October 1, 2008.CommentsClose CommentsPermalink
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS
SEC. 301. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.
(a) In General- Section 251 of the Trade Act of 1974 (
(1) in subsection (a), by inserting `or service sector firm' after `(including any agricultural firm';CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A), by inserting `or service sector firm' after `any agricultural firm';CommentsClose CommentsPermalink
(ii) in subparagraph (B)--CommentsClose CommentsPermalink
(I) in clause (i), by striking `, or' and inserting a comma;CommentsClose CommentsPermalink
(II) in clause (ii)--CommentsClose CommentsPermalink
(aa) by inserting `or service' after `of an article'; andCommentsClose CommentsPermalink
(bb) by striking `, and' and inserting `, or'; andCommentsClose CommentsPermalink
(III) by adding at the end the following:CommentsClose CommentsPermalink
`(iii) sales or production, or both, of an article or service that accounted for not less than 25 percent of the total production or sales of the firm during the 60-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and'; andCommentsClose CommentsPermalink
(iii) in subparagraph (C), by striking `increases of imports of articles like or directly competitive with articles which are produced' and inserting `imports of articles or services like or directly competitive with articles or services which are produced or provided'; andCommentsClose CommentsPermalink
(B) in paragraph (2), in the matter preceding subparagraph (A), by striking `paragraph (1)(C)--' and inserting `paragraph (1)(C):'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(e) Basis for the Determination of the Secretary-CommentsClose CommentsPermalink
`(1) INCREASED IMPORTS- For purposes of subsection (c)(1)(C), the Secretary may determine that increases of imports of like or directly competitive articles or services exist if customers accounting for not less than 20 percent of the sales of the workers' firm certify to the Secretary that such customers are obtaining such articles or services from a foreign country.CommentsClose CommentsPermalink
`(2) AUTHORITY OF THE SECRETARY- The Secretary may obtain the certifications under paragraph (1) through questionnaires or in such other manner as the Secretary determines is appropriate. The Secretary may exercise the authority under section 249 in carrying out this subsection.'.CommentsClose CommentsPermalink
(b) Definition- Section 261 of the Trade Act of 1974 (
(1) by striking `For purposes of' and inserting `(a) Firm- For purposes of'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(b) Service Sector Firm- For purposes of this chapter, the term `service sector firm' means a firm engaged in the business of providing services.'.CommentsClose CommentsPermalink
SEC. 302. EXTENSION OF AUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.
(a) In General- Section 256(b) of the Trade Act of 1974 (
(b) Termination- Section 285(b)(1) of the Trade Act of 1974 (
TITLE IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS AND FISHERMEN
SEC. 401. CLARIFICATION OF MARKETING YEAR.
Section 291(5) of the Trade Act of 1974 (
`(5) NATIONAL AVERAGE PRICE- The term `national average price' means--CommentsClose CommentsPermalink
`(A) the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary; orCommentsClose CommentsPermalink
`(B) in the case of an agricultural commodity that has no officially designated marketing year, the national average price paid to an agricultural commodity producer for that commodity in the 12-month period requested by the petitioner.'.CommentsClose CommentsPermalink
SEC. 402. APPLICATION TO FISHERMAN.
Notwithstanding any other provision of law, for purposes of chapter 2 of title II of the Trade Act of 1974 (
SEC. 403. ELIGIBILITY.
(a) In General- Section 292(c)(1) of the Trade Act of 1974 (
`(1) that either--CommentsClose CommentsPermalink
`(A) the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 90 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; orCommentsClose CommentsPermalink
`(B) the national average price for the agricultural commodity for the most recent 2 marketing years for which the national average price is available is less than 90 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 3 marketing years preceding the 2 most recent marketing years; and'.CommentsClose CommentsPermalink
(b) Special Rule for Qualified Subsequent Years- Paragraph (2) of section 292(d) of the Trade Act of 1974 (
`(2) imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group, contributed importantly to the decline in price determined under subsection (c)(1) without regard to whether imports of such articles increased in the year after the year the group was first certified.'.CommentsClose CommentsPermalink
(c) Eligibility of Certain Other Producers- Section 292 of the Trade Act of 1974 (
`(f) Eligibility of Certain Other Producers- An agricultural commodity producer or group of producers that resides outside of the State or region identified in a petition filed under subsection (a) may file a request to become a party to that petition not later than 15 days after the date notice is published in the Federal Register with respect to that petition.'.CommentsClose CommentsPermalink
(d) Net Farm Income- Section 296(a)(1)(C) of the Trade Act of 1974 (
(1) by striking `The producer's' and inserting `(i) The producer's';CommentsClose CommentsPermalink
(2) by striking the period and inserting `; or'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(ii) the producer had no positive net farm income for the 2 most recent consecutive years in which no adjustment assistance was received by the producer under this chapter.'.CommentsClose CommentsPermalink
SEC. 404. BENEFITS.
(a) Amount of Cash Benefits- Section 296(b)(1) of the Trade Act of 1974 (
(1) in subparagraph (A), by striking `one-half' and inserting `85 percent'; andCommentsClose CommentsPermalink
(2) in clause (i) of subparagraph (A), by striking `80 percent' and inserting `90 percent'.CommentsClose CommentsPermalink
(b) Intensive Technical Assistance- Section 295 of the Trade Act of 1974 (
`(c) Intensive Technical Training-CommentsClose CommentsPermalink
`(1) IN GENERAL- An adversely affected agricultural producer that fulfills the requirements set forth in subparagraphs (A), (B), and (D) of section 296(a)(1) may opt to receive intensive technical assistance from the Secretary for a period not to exceed 2 years from the date of certification of a petition described in section 292(a).CommentsClose CommentsPermalink
`(2) DESIGNATION OF AGRICULTURAL EXTENSION SERVICE CENTER- The Secretary shall designate a Cooperative State Research, Education, and Extension Service to develop and coordinate an intensive technical assistance curriculum for adversely affected agricultural commodity producers.CommentsClose CommentsPermalink
`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $5,000,000 in each of the fiscal years 2008 through 2012 to the Secretary for the purpose of delivering the intensive technical assistance described in paragraph (1).'.CommentsClose CommentsPermalink
(c) Clerical Amendment- Section 295(a) of the Trade Act of 1974 (
SEC. 405. AUDITS AND REPORTS.
Section 293 of the Trade Act of 1974 (
`(d) Audit and Report by the Comptroller General-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than January 31, 2012, the Comptroller General of the United States shall conduct an evaluation of the program under this chapter and shall report the results of the evaluation to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink
`(2) CONTENTS OF EVALUATION AND REPORT- The evaluation and report shall include--CommentsClose CommentsPermalink
`(A) an assessment of the extent to which the Department of Agriculture is fulfilling its obligations under this chapter;CommentsClose CommentsPermalink
`(B) an assessment of the outreach to potentially eligible agricultural commodity producers and groups of such producers;CommentsClose CommentsPermalink
`(C) an assessment of the effectiveness and outcomes of the benefits received; andCommentsClose CommentsPermalink
`(D) recommendations for improving the program.CommentsClose CommentsPermalink
`(e) Report by Secretary- Not later than November 15, 2008, and annually thereafter, the Secretary of Agriculture shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on, for the 12-month period ending October 31 of the current calendar year--CommentsClose CommentsPermalink
`(1) the agricultural commodities covered by a certification under this chapter and the States or regions in which such commodities are produced;CommentsClose CommentsPermalink
`(2) the total number of such commodities, by State;CommentsClose CommentsPermalink
`(3) the total number of agricultural commodity producers, by congressional district, receiving cash benefits under section 296(b); andCommentsClose CommentsPermalink
`(4) the total number of agicultural commodity producers, by congressional district, receiving intensive technical training under section 296(c).'.CommentsClose CommentsPermalink
SEC. 406. EXTENSION OF AUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.
(a) In General- Section 298(a) of the Trade Act of 1974 (
(b) Termination- Section 285(b)(2) of the Trade Act of 1974 (
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