S.Amdt. 2916

1. Adds TITLE V--TRADE ADJUSTMENT 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--TRADE ADJUSTMENT ASSISTANCE

   Inserted: Subtitle A--Service Workers SEC. 511. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Trade Adjustment Assistance Equity For Service Workers Act of 2004".

   Inserted: SEC. 512. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICES SECTOR.

   Inserted: (a) Adjustment Assistance for Workers.--Section 221(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by striking "firm)" and inserting "firm, and workers in a service sector firm or subdivision of a service sector firm or public agency)".

   Inserted: (b) Group Eligibility Requirements.--Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended--

   Inserted: (1) in subsection (a)--

   Inserted: (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)";

   Inserted: (B) in paragraph (1), by inserting "or public agency" after "of the firm"; and

   Inserted: (C) in paragraph (2)--

   Inserted: (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"; and

   Inserted: (ii) by striking subparagraph (B) and inserting the following:

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   Inserted: "(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; or

   Inserted: "(ii) such workers' firm, subdivision, or public agency has obtained or is likely to obtain such services from a foreign country.";

   Inserted: (2) in subsection (b)--

   Inserted: (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)";

   Inserted: (B) in paragraph (2), by inserting "or service" after "related to the article"; and

   Inserted: (C) in paragraph (3)(A), by inserting "or services" after "component parts";

   Inserted: (3) in subsection (c)--

   Inserted: (A) in paragraph (2), by adding at the end the following:

   Inserted: "(C) Taconite pellets produced in the United States shall be considered to be an article that is like or directly competitive with imports of semifinished steel slab.".

   Inserted: (B) in paragraph (3)--

   Inserted: (i) by inserting "or services" after "value-added production processes";

   Inserted: (ii) by striking "or finishing" and inserting ", finishing, or testing";

   Inserted: (iii) by inserting "or services" after "for articles"; and

   Inserted: (iv) by inserting "(or subdivision)" after "such other firm"; and

   Inserted: (C) in paragraph (4)--

   Inserted: (i) by striking "for articles" and inserting ", or services, used in the production of articles or in the provision of services"; and

   Inserted: (ii) by inserting "(or subdivision)" after "such other firm"; and

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

   Inserted: "(d) Basis for Secretary's Determinations.--

   Inserted: "(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 they are obtaining such articles or services from a foreign country.

   Inserted: "(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 firm in a foreign country based on a certification thereof from the workers' firm, subdivision, or public agency.

   Inserted: "(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.".

   Inserted: (c) Training.--Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking "$220,000,000" and inserting "$440,000,000".

   Inserted: (d) Definitions.--Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended--

   Inserted: (1) in paragraph (1)--

   Inserted: (A) by inserting "or public agency" after "of a firm"; and

   Inserted: (B) by inserting "or public agency" after "or subdivision";

   Inserted: (2) in paragraph (2)(B), by inserting "or public agency" after "the firm";

   Inserted: (3) by redesignating paragraphs (8) through (17) as paragraphs (9) through (18), respectively; and

   Inserted: (4) by inserting after paragraph (6) the following:

   Inserted: "(7) The term 'public agency' means a department or agency of a State or local government or of the Federal Government.

   Inserted: "(8) The term 'service sector firm' means an entity engaged in the business of providing services.".

   Inserted: (e) Technical Amendment.--Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ", other than subchapter D".

   Inserted: SEC. 513. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS AND INDUSTRIES.

   Inserted: (a) Firms.--

   Inserted: (1) Assistance.--Section 251 of the Trade Act of 1974 (19 U.S.C. 2341) is amended--

   Inserted: (A) in subsection (a), by inserting "or service sector firm" after "(including any agricultural firm";

   Inserted: (B) in subsection (c)(1)--

   Inserted: (i) in the matter preceding subparagraph (A), by inserting "or service sector firm" after "any agricultural firm";

   Inserted: (ii) in subparagraph (B)(ii), by inserting "or service" after "of an article"; and

   Inserted: (iii) in subparagraph (C), by striking "articles like or directly competitive with articles which are produced" and inserting "articles or services like or directly competitive with articles or services which are produced or provided"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(e) Basis for Secretary Determination.--

   Inserted: "(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 they are obtaining such articles or services from a foreign country.

   Inserted: "(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.".

   Inserted: (2) Authorization of appropriations.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking "$16,000,000" and inserting "$32,000,000".

   Inserted: (3) Definition.--Section 261 of the Trade Act of 1974 (19 U.S.C. 2351) is amended--

   Inserted: (A) by striking "For purposes of" and inserting "(a) Firm.--For purposes of"; and

   Inserted: (B) by adding at the end the following:

   Inserted: "(b) Service Sector Firm.--For purposes of this chapter, the term 'service sector firm' means a firm engaged in the business of providing services.".

   Inserted: (b) Industries.--Section 265(a) of the Trade Act of 1974 (19 U.S.C. 2355(a)) is amended by inserting "or service" after "new product".

   Inserted: SEC. 514. MONITORING AND REPORTING.

   Inserted: Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended--

   Inserted: (1) in the first sentence--

   Inserted: (A) by striking "The Secretary" and inserting "(a) Monitoring Programs.--The Secretary";

   Inserted: (B) by inserting "and services" after "imports of articles";

   Inserted: (C) by inserting "and domestic provision of services" after "domestic production";

   Inserted: (D) by inserting "or providing services" after "producing articles"; and

   Inserted: (E) by inserting ", or provision of services," after "changes in production"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(b) Collection of Data and Reports on Services Sector.--

   Inserted: "(1) Secretary of labor.--Not later than 3 months after the date of the enactment of the Trade Adjustment Assistance Equity For Service Workers Act of 2004, 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.

   Inserted: "(2) Secretary of commerce.--Not later than 6 months after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and report to the 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.".

   Inserted: SEC. 515. ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE.

   Inserted: In General.--Section 246(a)(3) of the Trade Act of 1974 (19 U.S.C. 2318(a)(3)) is amended to read as follows:

   Inserted: "(3) Eligibility.--A worker in the group that the Secretary has certified as eligible for the alternative trade adjustment assistance program may elect to receive benefits under the alternative trade adjustment assistance program if the worker--

   Inserted: "(A) is covered by a certification under subchapter A of this chapter;

   Inserted: "(B) obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;

   Inserted: "(C) is at least 40 years of age;

   Inserted: "(D) earns not more than $50,000 a year in wages from reemployment;

   Inserted: "(E) is employed on a full-time basis as defined by State law in the State in which the worker is employed; and

   Inserted: "(F) does not return to the employment from which the worker was separated.".

   Inserted: (b) Conforming Amendments.--(1) Subparagraphs (A) and (B) of section 246(a)(2) of the Trade Act of 1974 (19 U.S.C. 2318(a)(2) (A) and (B)) are amended by striking "paragraph (3)(B)" and inserting "paragraph (3)" each place it appears.

   Inserted: (2) Section 246(b)(2) of such Act is amended by striking "subsection (a)(3)(B)" and inserting "subsection (a)(3)".

   Inserted: SEC. 516. CLARIFICATION OF MARKETING YEAR.

   Inserted: Section 291(5) of the Trade Act of 1974 (19 U.S.C. 2401(5)) is amended by inserting before the end period the following: ", or in the case of an agricultural commodity that has no marketing year, in a 12-month period for which the petitioner provides written justification".

   Inserted: SEC. 517. EFFECTIVE DATE.

   Inserted: (a) In General.--Except as provided in subsections (b) and (c), the amendments made by this subtitle shall take effect on October 1, 2004.

   Inserted: (b) Special Rule for Certain Service Workers.--A group of workers in a service sector firm, or subdivision of a service sector firm, or public agency (as defined in section 247 (7) and (8) of the Trade Act of 1974, as added by section 512(d) of this Act) who--

   Inserted: (1) would have been certified eligible to apply for adjustment assistance under chapter 2 of title II of the Trade Act of 1974 if the amendments made by this Act had been in effect on November 4, 2002, and

   Inserted: (2) file a petition pursuant to section 221 of such Act within 6 months after the date of enactment of this Act, shall be eligible for certification under section 223 of the Trade Act of 1974 if the workers' last total or partial separation from the firm or subdivision of the firm or public agency occurred on or after November 4, 2002 and before October 1, 2004.

   Inserted: (c) Special Rule for Taconite.--A group of workers in a firm, or subdivision of a firm, engaged in the production of taconite pellets who--

   Inserted: (1) would have been certified eligible to apply for adjustment assistance under chapter 2 of title II of the Trade Act of 1974 if the amendments made by this Act had been in effect on November 4, 2002, and

   Inserted: (2) file a petition pursuant to section 221 of such Act within 6 months after the date of enactment of this Act, shall be eligible for certification under section 223 of the Trade Act of 1974 if the workers' last total or partial separation from the firm or subdivision of the firm occurred on or after November 4, 2002 and before October 1, 2004.

   Inserted: Subtitle B--Data Collection SEC. 521. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Trade Adjustment Assistance Accountability Act".

   Inserted: SEC. 522. DATA COLLECTION; STUDY; INFORMATION TO WORKERS.

   Inserted: (a) Data Collection; Evaluations.--Subchapter C of chapter 2 of title II of the Trade Act of 1974 is amended by inserting after section 249, the following new section:

   Inserted: "SEC. 250. DATA COLLECTION; EVALUATIONS; REPORTS.

   Inserted: "(a) Data Collection.--The Secretary shall, pursuant to regulations prescribed by the Secretary, collect any data necessary to meet the requirements of this chapter.

   Inserted: "(b) Performance Evaluations.--The Secretary shall establish an effective performance measuring system to evaluate the following:

   Inserted: "(1) Program performance.--A comparison of the trade adjustment assistance program before and after the effective date of the Trade Adjustment Assistance Reform Act of 2002 with respect to--

   Inserted: "(A) the number of workers certified and the number of workers actually participating in the trade adjustment assistance program;

   Inserted: "(B) the time for processing petitions;

   Inserted: "(C) the number of training waivers granted;

   Inserted: "(D) the coordination of programs under this chapter with programs under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);

   Inserted: "(E) the effectiveness of individual training providers in providing appropriate information and training;

   Inserted: "(F) the extent to which States have designed and implemented health care coverage options under title II of the Trade Act of 2002, including any difficulties States have encountered in carrying out the provisions of title II;

   Inserted: "(G) how Federal, State, and local officials are implementing the trade adjustment assistance program to ensure that all eligible individuals receive benefits, including providing outreach, rapid response, and other activities; and

   Inserted: "(H) any other data necessary to evaluate how individual States are implementing the requirements of this chapter.

   Inserted: "(2) Program participation .--The effectiveness of the program relating to--

   Inserted: "(A) the number of workers receiving benefits and the type of benefits being received both before and after the effective date of the Trade Adjustment Assistance Reform Act of 2002;

   Inserted: "(B) the number of workers enrolled in, and the duration of, training by major types of training both before and after the effective date of the Trade Adjustment Assistance Reform Act of 2002;

   Inserted: "(C) earnings history of workers that reflects wages before separation and wages in any job obtained after receiving benefits under this Act;

   Inserted: "(D) reemployment rates and sectors in which dislocated workers have been employed;

   Inserted: "(E) the cause of dislocation identified in each petition that resulted in a certification under this chapter; and

   Inserted: "(F) the number of petitions filed and workers certified in each congressional district of the United States.

   Inserted: "(c) State Participation.--The Secretary shall ensure, to the extent practicable, through oversight and effective internal control measures the following:

   Inserted: "(1) State participation.--Participation by each State in the performance measurement system established under subsection (b).

   Inserted: "(2) Monitoring.--Monitoring by each State of internal control measures with respect to performance measurement data collected by each State.

   Inserted: "(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 (29 U.S.C. 2864(a)(2)(A)).

   Inserted: "(d) Reports.--

   Inserted: "(1) Reports by the secretary.--

   Inserted: "(A) Initial report.--Not later than 6 months after the date of enactment of the Trade Adjustment Assistance Accountability Act, 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--

   Inserted: "(i) describes the performance measurement system established under subsection (b);

   Inserted: "(ii) includes analysis of data collected through the system established under subsection (b); and

   Inserted: "(iii) provides recommendations for program improvements.

   Inserted: "(B) Annual report.--Not later than 1 year after the date the report is submitted under subparagraph (A), 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 clause (ii) of subparagraph (A).

   Inserted: "(2) State reports.--Pursuant to regulations prescribed by the Secretary, each State shall submit to the Secretary a report that details its participation in the programs established under this chapter, and that contains the data necessary to allow the Secretary to submit the report required under paragraph (1).

   Inserted: "(3) Publication.--The Secretary shall make available to each State, and other public and private organizations as determined by the Secretary, the data gathered and evaluated through the performance measurement system established under subsection (b).".

   Inserted: (b) Conforming Amendments.--

   Inserted: (1) Coordination.--Section 281 of the Trade Act of 1974 (19 U.S.C. 2392) is amended by striking "Departments of Labor and Commerce" and inserting "Departments of Labor, Commerce, and Agriculture".

   Inserted: (2) Trade monitoring system.--Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended by striking "The Secretary of Commerce and the Secretary of Labor" and inserting "The Secretaries of Commerce, Labor, and Agriculture".

   Inserted: (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 new item:

   Inserted: "Sec. 250. Data collection; evaluations; reports.".

   Inserted: (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2004.

   Inserted: Subtitle C--Trade Adjustment Assistance for Communities SEC. 531. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Trade Adjustment Assistance for Communities Act of 2004".

   Inserted: SEC. 532. PURPOSE.

   Inserted: The purpose of this subtitle 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.

   Inserted: SEC. 533. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

   Inserted: 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, service provider, farmer, rancher, fisherman or worker representative (including associations of such persons) that was affected by a finding under the Antidumping Act of 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 that the Secretary certifies as being negatively impacted by trade.

   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.--Within 6 months after the date of enactment of the Trade Adjustment Assistance for Communities 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;

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

   Inserted: "(7) establish an interagency Trade Adjustment Assistance for Communities Working Group, 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.

   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 on or after October 1, 2004--

   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 determines that a significant number of fishermen in the community is negatively impacted by trade.

   Inserted: "(2) Negatively impacted by trade.--The Secretary 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 of 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.

   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 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.--

   Inserted: "(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), the Secretary may, on the application of an eligible community, make a supplemental grant to the community if--

   Inserted: "(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; and

   Inserted: "(B) the grant is 1 for which the community is eligible except for the community's inability to meet the non-Federal share requirements of the grant program.

   Inserted: "(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.

   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) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this chapter. Before implementing any regulation or guideline proposed by the Secretary with respect to this chapter, the Secretary shall submit the regulation or guideline to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives for approval.

   Inserted: "(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.

   Inserted: "(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $100,000,000 for each of fiscal years 2005 through 2008, to carry out this chapter. Amounts appropriated pursuant to this subsection shall remain available until expended.".

   Inserted: SEC. 534. CONFORMING AMENDMENTS.

   Inserted: (a) Termination.--Section 285(b) of the Trade Act of 1974 (19 U.S.C. 2271 note) 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, 2008.".

   Inserted: (b) 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: SEC. 535. EFFECTIVE DATE.

   Inserted: The amendments made by this subtitle shall take effect on October 1, 2004.

   Inserted: Subtitle D--Office of Trade Adjustment Assistance SEC. 541. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Trade Adjustment Assistance for Firms Reorganization Act".

   Inserted: SEC. 542. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

   Inserted: (a) In General.--Chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.) is amended by inserting after section 255 the following new section:

   Inserted: "SEC. 255A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

   Inserted: "(a) Establishment.--Not later than 90 days after the date of enactment of the Trade Adjustment Assistance for Firms Reorganization Act, there shall be established in the International Trade Administration of the Department of Commerce an Office of Trade Adjustment Assistance.

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

   Inserted: "(c) Functions.--The Office shall assist the Secretary of Commerce in carrying out the Secretary's responsibilities under this chapter.".

   Inserted: (b) Conforming Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 255, the following new item:

   Inserted: "Sec. 255A. Office of Trade Adjustment Assistance.".

   Inserted: SEC. 543. EFFECTIVE DATE.

   Inserted: The amendments made by this subtitle shall take effect on the earlier of--

   Inserted: (1) the date of the enactment of this Act; or

   Inserted: (2) October 1, 2004.

   Inserted: TITLE VI--IMPROVEMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS

   Inserted: SEC. 601. CLARIFICATION OF 3-MONTH REQUIREMENT OF EXISTING COVERAGE.

   Inserted: (a) In General.--Clause (i) of section 35(e)(2)(B) of the Internal Revenue Code of 1986 (defining qualifying individual) is amended by inserting "(prior to the employment separation necessary to attain the status of an eligible individual)" after "9801(c)".

   Inserted: (b) Conforming Amendment.--Section 173(f)(2)(B)(ii)(I) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(2)(B)(ii)(I)) is amended by inserting "(prior to the employment separation necessary to attain the status of an eligible individual)" after "1986".

   Inserted: (c) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act.

   Inserted: SEC. 602. DISREGARD OF TAA PRE-CERTIFICATION PERIOD FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.

   Inserted: (a) ERISA Amendment.--Section 701(c)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)) is amended by adding at the end the following:

   Inserted: "(C) TAA-eligible individuals.--

   Inserted: "(i) Disregard of pre-certification period.--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 the individual is certified by the Secretary (or by any person or entity designated by the Secretary) as being 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).

   Inserted: "(ii) Definitions.--The terms 'TAA-eligible individual', and 'TAA-related loss of coverage' have the meanings given such terms in section 605(b)(4)(C).".

   Inserted: (b) PHSA Amendment.--Section 2701(c)(2) of the Public Health Service Act (42 U.S.C. 300gg(c)(2)) is amended by adding at the end the following:

   Inserted: "(C) TAA-eligible individuals.--

   Inserted: "(i) Disregard of pre-certification period.--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 the individual is certified by the Secretary (or by any person or entity designated by the Secretary) as being 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).

   Inserted: "(ii) Definitions.--The terms 'TAA-eligible individual', and 'TAA-related loss of coverage' have the meanings given such terms in section 2205(b)(4)(C).".

   Inserted: (c) IRC Amendment.--Section 9801(c)(2) of the Internal Revenue Code of 1986 (relating to not counting periods before significant breaks in creditable coverage) is amended by adding at the end the following:

   Inserted: "(D) TAA-eligible individuals.--

   Inserted: "(i) Disregard of pre-certification period.--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 the individual is certified by the Secretary of Labor (or by any person or entity designated by the Secretary of Labor) as being 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).

   Inserted: "(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).".

   Inserted: (d) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act.

   Inserted: SEC. 603. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.

   Inserted: (a) 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 "75".

   Inserted: (b) 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 "75".

   Inserted: (c) Effective Date.--The amendments made by this section apply to taxable years beginning after December 31, 2004.

   Inserted: SEC. 604. EXPEDITED REFUND OF CREDIT FOR PRORATED FIRST MONTHLY PREMIUM.

   Inserted: (a) In General.--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:

   Inserted: "(e) Expedited Payment of Prorated First Monthly Premium.--The program established under subsection (a) shall provide for payment to a certified individual of an amount equal to the applicable percentage (as defined in section 35(a)(2)) of the prorated first monthly premium for coverage of the taxpayer and qualifying family members under qualified health insurance for eligible coverage months upon receipt by the Secretary of evidence of payment of such premium by the certified individual.".

   Inserted: (b) Effective Date.--The amendment made by this section takes effect on the date of enactment of this Act.

   Original wording

   At the end of the bill, add the following:

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As printed