S.Amdt. 2816

1. Adds TITLE V--MANUFACTURING AND WORKER ASSISTANCE at the end of the bill

   Adds a title

   In S. 1637 · Reported to Senate

   (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003.

   Inserted: TITLE V--MANUFACTURING AND WORKER ASSISTANCE

   Inserted: SEC. 501. SHORT TITLE.

   Inserted: This title may be cited as the "Enhanced Domestic Manufacturing and Worker Assistance Act of 2004".

   Inserted: Subtitle A--Extension and Expansion of Trade Adjustment Assistance SEC. 511. EXTENSION FOR WORKERS AND FIRMS.

   Inserted: (a) In General.--Section 285(a) and (b)(1) and (2) of the Trade Act of 1974 (19 U.S.C. 2271 note prec.) are amended by striking "September 30, 2007" each place it appears and inserting "September 30, 2012".

   Inserted: (b) Authorization.--

   Inserted: (1) Workers.--Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking "September 30, 2007" and inserting "September 30, 2012".

   Inserted: (2) Firms.--

   Inserted: (A) In general.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended--

   Inserted: (i) by striking "$16,000,000" and inserting "$32,000,000"; and

   Inserted: (ii) by striking "2007" and inserting "2012".

   Inserted: (B) Expansion of loans.--Section 255(h) of such Act (19 U.S.C. 2345) is amended--

   Show 142 more inserted paragraphsShow less

   Inserted: (i) in paragraph (1), by striking "$3,000,000" and inserting "$6,000,000"; and

   Inserted: (ii) in paragraph (2), by striking "$1,000,000" and inserting "$2,000,000".

   Inserted: (3) Farmers.--Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended by striking "2007" and inserting "2012".

   Inserted: (c) Fishermen.--Notwithstanding any other provision of law, for purposes of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) fishermen who harvest wild stock shall be eligible for adjustment assistance to the same extent and in the same manner as a group of workers under such chapter 2.

   Inserted: SEC. 512. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

   Inserted: (a) In General.--Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is amended to read as follows:

   Inserted: "CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

   Inserted: "SEC. 271. DEFINITIONS.

   Inserted: "In this chapter:

   Inserted: "(1) Affected domestic producer.--The term 'affected domestic producer' means any manufacturer, producer, farmer, rancher, fisherman or worker representative (including associations of such persons) that was affected by a finding under the Antidumping Act, 1921, or by an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930.

   Inserted: "(2) Agricultural commodity producer.--The term 'agricultural commodity producer' has the same meaning as the term 'person' as prescribed by regulations promulgated under section 1001(5) of the Food Security Act of 1985 (7 U.S.C. 1308(5)).

   Inserted: "(3) Community.--The term 'community' means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State.

   Inserted: "(4) Community negatively impacted by trade.--A community negatively impacted by trade means a community with respect to which a determination has been made under section 273.

   Inserted: "(5) Eligible community.--The term 'eligible community' means a community certified under section 273 for assistance under this chapter.

   Inserted: "(6) Fisherman.--

   Inserted: "(A) In general.--The term 'fisherman' means any person who--

   Inserted: "(i) is engaged in commercial fishing; or

   Inserted: "(ii) is a United States fish processor.

   Inserted: "(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 the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

   Inserted: "(7) Job loss.--The term 'job loss' means the total or partial separation of an individual, as those terms are defined in section 247.

   Inserted: "(8) Secretary.--The term 'Secretary' means the Secretary of Commerce.

   Inserted: "SEC. 272. COMMUNITY TRADE ADJUSTMENT ASSISTANCE PROGRAM.

   Inserted: "(a) Establishment.--Not later than 120 days after the date of enactment of the Enhanced Domestic Manufacturing and Worker Assistance Act of 2004, the Secretary shall establish a Trade Adjustment Assistance for Communities Program at the Department of Commerce.

   Inserted: "(b) Personnel.--The Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this chapter.

   Inserted: "(c) Coordination of Federal Response.--The Secretary shall--

   Inserted: "(1) provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible communities;

   Inserted: "(2) coordinate the Federal response to an eligible community--

   Inserted: "(A) by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress;

   Inserted: "(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;

   Inserted: "(C) by assuring timely consultation and cooperation between Federal, State, and regional officials concerning economic adjustment for an eligible community; and

   Inserted: "(D) by identifying and strengthening existing agency mechanisms designed to assist eligible communities in their efforts to achieve economic adjustment and workforce reemployment;

   Inserted: "(3) provide comprehensive technical assistance to any eligible community in the efforts of that community to--

   Inserted: "(A) identify serious economic problems in the community that are the result of negative impacts from trade;

   Inserted: "(B) integrate the major groups and organizations significantly affected by the economic adjustment;

   Inserted: "(C) access Federal, State, and local resources designed to assist in economic development and trade adjustment assistance;

   Inserted: "(D) diversify and strengthen the community economy; and

   Inserted: "(E) develop a community-based strategic plan to address economic development and workforce dislocation, including unemployment among agricultural commodity producers, and fishermen;

   Inserted: "(4) establish specific criteria for submission and evaluation of a strategic plan submitted under section 274(d);

   Inserted: "(5) establish specific criteria for submitting and evaluating applications for grants under section 275; and

   Inserted: "(6) administer the grant programs established under sections 274 and 275.

   Inserted: "SEC. 273. CERTIFICATION AND NOTIFICATION.

   Inserted: "(a) Certification.--Not later than 45 days after an event described in subsection (c)(1), the Secretary of Commerce shall determine if a community described in subsection (b)(1) is negatively impacted by trade, and if a positive determination is made, shall certify the community for assistance under this chapter.

   Inserted: "(b) Determination That Community Is Eligible.--

   Inserted: "(1) Community described.--A community described in this paragraph means a community with respect to which--

   Inserted: "(A) the Secretary of Labor certifies a group of workers (or their authorized representative) in the community as eligible for assistance pursuant to section 223;

   Inserted: "(B) the Secretary of Commerce certifies a firm located in the community as eligible for adjustment assistance under section 251;

   Inserted: "(C) the Secretary of Agriculture certifies a group of agricultural commodity producers (or their authorized representative) in the community as eligible for adjustment assistance under section 293;

   Inserted: "(D) an affected domestic producer is located in the community; or

   Inserted: "(E) the Secretary of Commerce determines that a significant number of fishermen in the community is negatively impacted by trade.

   Inserted: "(2) Negatively impacted by trade.--The Secretary of Commerce shall determine that a community is negatively impacted by trade, after taking into consideration--

   Inserted: "(A) the number of jobs affected compared to the size of workforce in the community;

   Inserted: "(B) the severity of the rates of unemployment in the community and the duration of the unemployment in the community;

   Inserted: "(C) the income levels and the extent of underemployment in the community;

   Inserted: "(D) the outmigration of population from the community and the extent to which the outmigration is causing economic injury in the community; and

   Inserted: "(E) the unique problems and needs of the community.

   Inserted: "(c) Definition and Special Rules.--

   Inserted: "(1) Event described.--An event described in this paragraph means one of the following:

   Inserted: "(A) A notification described in paragraph (2).

   Inserted: "(B) A certification of a firm under section 251.

   Inserted: "(C) A finding under the Antidumping Act, 1921, or an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930.

   Inserted: "(D) A determination by the Secretary that a significant number of fishermen in a community have been negatively impacted by trade.

   Inserted: "(2) Notification.--The Secretary of Labor, immediately upon making a determination that a group of workers is eligible for trade adjustment assistance under section 223, (or the Secretary of Agriculture, immediately upon making a determination that a group of agricultural commodity producers is eligible for adjustment assistance under section 293, as the case may be) shall notify the Secretary of Commerce of the determination.

   Inserted: "(d) Notification to Eligible Communities.--Immediately upon certification by the Secretary of Commerce that a community is eligible for assistance under subsection (b), the Secretary shall notify the community-- "(1) of the determination under subsection (b); "(2) of the provisions of this chapter;

   Inserted: "(3) how to access the clearinghouse established by the Department of Commerce regarding available economic assistance;

   Inserted: "(4) how to obtain technical assistance provided under section 272(c)(3); and

   Inserted: "(5) how to obtain grants, tax credits, low income loans, and other appropriate economic assistance.

   Inserted: "SEC. 274. STRATEGIC PLANS.

   Inserted: "(a) In General.--An eligible community may develop a strategic plan for community economic adjustment and diversification and shall be eligible for assistance as provided for under section 275.

   Inserted: "(b) Requirements for Strategic Plan.--A strategic plan shall contain, at a minimum, the following:

   Inserted: "(1) A description and justification of the capacity for economic adjustment, including the method of financing to be used.

   Inserted: "(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.

   Inserted: "(3) A description of the projects to be undertaken by the eligible community.

   Inserted: "(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.

   Inserted: "(5) A description of how the plan will achieve economic adjustment and diversification.

   Inserted: "(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.

   Inserted: "(7) A description and justification for the cost and timing of proposed basic and advanced infrastructure improvements in the eligible community.

   Inserted: "(8) A description of how the plan will address the occupational and workforce conditions in the eligible community.

   Inserted: "(9) A description of the educational programs available for workforce training and future employment needs.

   Inserted: "(10) A description of how the plan will adapt to changing markets and business cycles.

   Inserted: "(11) A description and justification for the cost and timing of the total funds required by the community for economic assistance.

   Inserted: "(12) A graduation strategy through which the eligible community demonstrates that the community will terminate the need for Federal assistance.

   Inserted: "(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 and implement the strategic plan.

   Inserted: "(d) Submission of Plan.--A strategic plan developed under subsection (a) shall be submitted to the Secretary for evaluation and approval.

   Inserted: "SEC. 275. GRANTS FOR ECONOMIC DEVELOPMENT.

   Inserted: "(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.

   Inserted: "(b) Additional Grants.--Subject to paragraph (2), in order to assist eligible communities to obtain funds under Federal grant programs, other than the grants provided for in subsection (a) or section 274(c) , the Secretary may, on the application of an eligible community, make a supplemental grant to the community if--

   Inserted: "(1) the purpose of the grant program from which the grant is to be made is to provide technical or other assistance for planning, constructing, or equipping public works facilities or to provide assistance for public service projects; and

   Inserted: "(2) 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.

   Inserted: "(c) Rural Community Preference.--The Secretary shall develop guidelines to ensure that rural communities receive preference in the allocation of resources.

   Inserted: "SEC. 276. GENERAL PROVISIONS.

   Inserted: "(a) Appropriations.--In addition to any funds appropriated from the Community and Manufacturer Assistance Trust Fund (established by section 531 of the Enhanced Domestic Manufacturing and Worker Assistance Act of 2004), there are authorized to be appropriated $10,000,000 for each of fiscal years 2005 through 2012 to carry out the provisions of this chapter. Such sums shall remain available until expended.

   Inserted: "(b) Supplement Not Supplant.--Funds authorized 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.

   Inserted: "(c) 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 with respect to this chapter until the expiration of 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.".

   Inserted: (b) Conforming Amendments.--

   Inserted: (1) Termination.--Section 285(b) of the Trade Act of 1974 (19 U.S.C. 2271 note prec.) is amended by adding at the end the following new paragraph:

   Inserted: "(3) Assistance for communities.--Technical assistance and other payments may not be provided under chapter 4 after September 30, 2015.".

   Inserted: (2) Table of contents.--The table of contents for title II of the Trade Act of 1974 is amended by striking the items relating to chapter 4 of title II and inserting after the items relating to chapter 3 the following new items:

   Inserted: "Chapter 4--Trade Adjustment Assistance for Communities

   Inserted: "Sec. 271. Definitions.

   Inserted: "Sec. 272. Community Trade Adjustment Assistance Program.

   Inserted: "Sec. 273. Certification and notification.

   Inserted: "Sec. 274. Strategic plans.

   Inserted: "Sec. 275. Grants for economic development.

   Inserted: "Sec. 276. General provisions.".

   Inserted: (c) Judicial Review.--Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended by striking "section 271" and inserting "section 273".

   Inserted: Subtitle B--Reauthorization of Certain Department of Commerce Partnership Programs SEC. 521. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM.

   Inserted: (a) Definition.--In this Act, the term "Manufacturing Extension Partnership Program" means the program of Manufacturing Extension Partnership carried out by the National Institute of Standards and Technology under section 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278l), as provided in part 292 of title 15, Code of Federal Regulations.

   Inserted: (b) Appropriations.--In addition to any funds made available to the Manufacturing Extension Partnership Program from the Community and Manufacturer Assistance Trust Fund, there are authorized to be appropriated, $40,000,000 for each of fiscal years 2005 through 2012 to carry out the Manufacturing Extension Partnership Program. Such sums shall remain available until expended.

   Inserted: SEC. 522. ADVANCED TECHNOLOGY PROGRAM.

   Inserted: There are authorized to be appropriated for the National Institute of Standards and Technology for carrying out the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), $200,000,000 for each of fiscal years 2005 through 2012.

   Inserted: Subtitle C--Creation of Community and Manufacturer Trust Fund SEC. 531. REPEAL OF OFFSET PROGRAM AND ESTABLISHMENT OF COMMUNITY AND MANUFACTURER ASSISTANCE TRUST FUND.

   Inserted: (a) Repeal of Offset Program.--

   Inserted: (1) In general.--Section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c) is repealed.

   Inserted: (2) Conforming amendment.--The table of contents for title VII of the Tariff Act of 1930 is amended by striking the item relating to section 754.

   Inserted: (3) Effective date.--The amendments made by this subsection shall take effect on the date of enactment of this Act. Any funds remaining in the special accounts established pursuant section 754(e) of the Tariff Act of 1930 on the day before such date of enactment shall be transferred to the Community and Manufacturer Assistance Trust Fund for use in accordance with this section.

   Inserted: (b) Establishment of Trust Fund.--There is established in the Treasury of the United States a Trust Fund to be known as the "Community and Manufacturer Assistance Trust Fund" (in this section referred to as the "Trust Fund"), consisting of such amounts as may be transferred or credited to the Trust Fund as provided in this section or otherwise appropriated to the Trust Fund.

   Inserted: (c) Transfer.--

   Inserted: (1) In general.--The Secretary of the Treasury shall transfer to the Trust Fund any funds remaining in the special accounts established pursuant section 754(e) of the Tariff Act of 1930 on the day before the date of enactment of this Act, and shall transfer to the Trust Fund out of the general fund of the Treasury of the United States amounts determined by the Secretary of the Treasury to be equivalent to the amounts received into such general fund on or after such date, that are attributable to the duties imposed pursuant to antidumping duty orders and countervailing duty orders under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or findings under the Antidumping Act, 1921.

   Inserted: (2) Quarterly transfers from the treasury based on estimates.--The amounts which are required to be transferred under paragraph (1) shall be transferred at least quarterly from the general fund of the Treasury of the United States to the Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in paragraph (1) that are received into the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of, or less than, the amounts required to be transferred.

   Inserted: (c) Management of, and Report on, Trust Fund.--

   Inserted: (1) Trustee and report.--The Secretary of the Treasury shall be the trustee of the Trust Fund, and shall submit an annual report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives--

   Inserted: (A) on the financial condition and the results of the operations of the Trust Fund during the fiscal year preceding the fiscal year in which such report is submitted, and

   Inserted: (B) on the expected condition and operations of the Trust Fund during the fiscal year in which such report is submitted and the 5 fiscal years succeeding such fiscal year.

   Inserted: (2) Investment.--

   Inserted: (A) In general.--The Secretary of the Treasury shall invest such portion of the Trust Fund as is not, in the Secretary's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired--

   Inserted: (i) on original issue at the issue price, or

   Inserted: (ii) by purchase of outstanding obligations at the market price.

   Inserted: (B) Market price.--Any obligation acquired by the Trust Fund may be sold by the Secretary of the Treasury at the market price.

   Inserted: (C) Interest.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund.

   Inserted: (d) Use of Funds.--

   Inserted: (1) Community assistance.--Beginning on the date of enactment of this Act, one-half of the amounts in the Trust Fund shall be made available to the Secretary of Commerce on a quarterly basis to carry out the provisions of chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) for each of fiscal years 2005 through 2012 and shall remain available until expended.

   Inserted: (2) Manufacturing extension partnership program.--Beginning on the date of enactment of this Act, one-half of the amounts in the Trust Fund shall be made available to the Secretary of Commerce on a quarterly basis to carry out the Manufacturing Extension Partnership Program for each of fiscal years 2005 through 2012 and shall remain available until expended. Such amounts shall supplement and not supplant other Federal, State, and local public funds appropriated to carry the Program.

   Inserted: Subtitle D--Small Business Office SEC. 541. ESTABLISHMENT OF OFFICE.

   Inserted: (a) In General.--Chapter 4 of title I of the Trade Act of 1974 (19 U.S.C. 2171) is amended by adding after section 141, the following new section:

   Inserted: "SEC. 142. SMALL BUSINESS OFFICE.

   Inserted: "(a) Establishment.--Not later than 90 days after the date of enactment of the Enhanced Domestic Manufacturing and Worker Assistance Act of 2004, there shall be established in the Office of the United States Trade Representative an Office of Small Business.

   Inserted: "(b) Personnel.--The Office shall be headed by a Director, and shall have such staff as may be necessary to carry out the functions and responsibilities described in this section.

   Inserted: "(c) Functions.--The Office shall--

   Inserted: "(1) assist the United States Trade Representative in carrying out the Trade Representative's responsibilities under this chapter; and

   Inserted: "(2) ensure that small business manufacturing issues are taken into consideration in carrying out those responsibilities.".

   Inserted: (b) Conforming Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 141, the following new item:

   Inserted: "Sec. 142. Office of Small Business.".

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