S.Amdt. 404

SA 404. Mr. BAUCUS (for himself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 98 proposed by Mr.
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making
supplemental appropriations for job preservation and creation,
infrastructure investment, energy efficiency and science, assistance to
the unemployed, and State and local fiscal stabilization, for fiscal
year ending September 30, 2009, and for other purposes; which was
ordered to lie on the table; as follows:

Beginning on page 565, strike line 4 and all that follows
through page 566, line 22, and insert the following:

Subtitle H--Trade Adjustment Assistance

SEC. 1700. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This subtitle may be cited as the ``Trade
and Globalization Adjustment Assistance Act of 2009''.
(b) Table of Contents.--The table of contents of this
subtitle is as follows:

Subtitle H--Trade Adjustment Assistance

Sec. 1700. Short title; table of contents.

PART I--Trade Adjustment Assistance for Workers

subpart a--trade adjustment assistance for service sector workers

Sec. 1701. Extension of trade adjustment assistance to service sector
and public agency workers; shifts in production.
Sec. 1702. Separate basis for certification.
Sec. 1703. Determinations by Secretary of Labor.
Sec. 1704. Monitoring and reporting relating to service sector.

subpart b--industry notifications following certain affirmative
determinations

Sec. 1711. Notifications following certain affirmative determinations.
Sec. 1712. Notification to Secretary of Commerce.

subpart c--program benefits

Sec. 1721. Qualifying Requirements for Workers.
Sec. 1722. Weekly amounts.
Sec. 1723. Limitations on trade readjustment allowances; allowances for
extended training and breaks in training.
Sec. 1724. Special rules for calculation of eligibility period.
Sec. 1725. Application of State laws and regulations on good cause for
waiver of time limits or late filing of claims.
Sec. 1726. Employment and case management services.
Sec. 1727. Administrative expenses and employment and case management
services.
Sec. 1728. Training funding.
Sec. 1729. Prerequisite education; approved training programs.
Sec. 1730. Pre-layoff and part-time training.
Sec. 1731. On-the-job training.
Sec. 1732. Eligibility for unemployment insurance and program benefits
while in training.
Sec. 1733. Job search and relocation allowances.

subpart d--reemployment trade adjustment assistance program

Sec. 1741. Reemployment trade adjustment assistance program.

subpart e--other matters

Sec. 1751. Office of trade adjustment assistance.
Sec. 1752. Accountability of State agencies; collection and publication
of program data; agreements with States.
Sec. 1753. Verification of eligibility for program benefits.
Sec. 1754. Collection of data and reports; information to workers.
Sec. 1755. Fraud and recovery of overpayments.
Sec. 1756. Sense of Congress on application of trade adjustment
assistance.
Sec. 1757. Consultations in promulgation of regulations.
Sec. 1758. Technical corrections.

PART II--Trade Adjustment Assistance for Firms

Sec. 1761. Expansion to service sector firms.
Sec. 1762. Modification of requirements for certification.
Sec. 1763. Basis for determinations.
Sec. 1764. Oversight and administration; authorization of
appropriations.
Sec. 1765. Increased penalties for false statements.
Sec. 1766. Annual report on trade adjustment for firms.
Sec. 1767. Technical corrections.

PART III--Trade Adjustment Assistance for Communities

Sec. 1771. Purpose.
Sec. 1772. Trade adjustment assistance for communities.
Sec. 1773. Conforming amendments.

PART IV--Trade Adjustment Assistance for Farmers

Sec. 1781. Definitions.
Sec. 1782. Eligibility.
Sec. 1783. Benefits.
Sec. 1784. Report.
Sec. 1785. Fraud and recovery of overpayments.
Sec. 1786. Determination of increases of imports for certain fishermen.
Sec. 1787. Extension of trade adjustment assistance for farmers.

PART V--General Provisions

Sec. 1791. Effective date.
Sec. 1792. Extension of trade adjustment assistance programs.
Sec. 1793. Government Accountability Office report.
Sec. 1794. Emergency designation.

PART VI--Health Coverage Improvement

Sec. 1799. Short title.
Sec. 1799A. Improvement of the affordability of the credit.
Sec. 1799B. Payment for monthly premiums paid prior to commencement of
advance payments of credit.
Sec. 1799C. TAA recipients not enrolled in training programs eligible
for credit.
Sec. 1799D. TAA pre-certification period rule for purposes of
determining whether there is a 63-day lapse in creditable
coverage.
Sec. 1799E. Continued qualification of family members after certain
events.
Sec. 1799F. Alignment of COBRA coverage with TAA period for TAA-
eligible individuals.
Sec. 1799G. Addition of coverage through voluntary employees'
beneficiary associations.
Sec. 1799H. Notice requirements.
Sec. 1799I. Survey and report on enhanced health coverage tax credit
program.
Sec. 1799J. Authorization of appropriations.
Sec. 1799K. Extension of national emergency grants.

PART I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

Subpart A--Trade Adjustment Assistance for Service Sector Workers

SEC. 1701. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO
SERVICE SECTOR AND PUBLIC AGENCY WORKERS;
SHIFTS IN PRODUCTION.

(a) Definitions.--Section 247 of the Trade Act of 1974 (19
U.S.C. 2319) is amended--
(1) in paragraph (1)--
(A) by striking ``or appropriate subdivision of a firm'';
and
(B) by striking ``or subdivision'';
(2) in paragraph (2), by striking ``employment--'' and all
that follows and inserting ``employment, has been totally or
partially separated from such employment.'';
(3) by inserting after paragraph (2) the following:
``(3) Subject to section 222(d)(5), the term `firm' means--
``(A) a firm, including an agricultural firm, service
sector firm, or public agency; or
``(B) an appropriate subdivision thereof.'';
(4) by inserting after paragraph (6) the following:
``(7) The term `public agency' means a department or agency
of a State or local government or of the Federal Government,
or a subdivision thereof.'';
(5) in paragraph (11), by striking ``, or in a subdivision
of which,''; and
(6) by adding at the end the following:
``(18) The term `service sector firm' means a firm engaged
in the business of supplying services.''.
(b) Group Eligibility Requirements.--Section 222 of the
Trade Act of 1974 (19 U.S.C. 2272) is amended--
(1) in subsection (a)(2)--
(A) by amending subparagraph (A)(ii) to read as follows:

[[Page S1719]]

``(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased;
``(II) imports of articles like or directly competitive
with articles--
``(aa) into which one or more component parts produced by
such firm are directly incorporated, or
``(bb) which are produced directly using services supplied
by such firm,
have increased; or
``(III) imports of articles directly incorporating one or
more component parts produced outside the United States that
are like or directly competitive with imports of articles
incorporating one or more component parts produced by such
firm have increased; and''; and
(B) by amending subparagraph (B) to read as follows:
``(B)(i)(I) there has been a shift by such workers' firm to
a foreign country in the production of articles or the supply
of services like or directly competitive with articles which
are produced or services which are supplied by such firm; or
``(II) such workers' firm has acquired articles or services
described in subclause (I) from a foreign country; and
``(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in clause
(i)(II) contributed importantly to such workers' separation
or threat of separation.'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Adversely Affected Workers in Public Agencies.--A
group of workers in a public agency shall be certified by the
Secretary as eligible to apply for adjustment assistance
under this chapter pursuant to a petition filed under section
221 if the Secretary determines that--
``(1) a significant number or proportion of the workers in
the public agency have become totally or partially separated,
or are threatened to become totally or partially separated;
``(2) the public agency has acquired from a foreign country
services like or directly competitive with services which are
supplied by such agency; and
``(3) the acquisition of services described in paragraph
(2) contributed importantly to such workers' separation or
threat of separation.''.
(c) Basis for Secretary's Determinations.--Section 222 of
the Trade Act of 1974 (19 U.S.C. 2272), as amended, is
further amended by adding at the end the following:
``(e) Basis for Secretary's Determinations.--
``(1) In general.--The Secretary shall, in determining
whether to certify a group of workers under section 223,
obtain from the workers' firm or a customer of the workers'
firm, information the Secretary determines to be necessary to
make the certification, through questionnaires and in such
other manner as the Secretary determines appropriate.
``(2) Additional information.--The Secretary may seek
additional information to determine whether to certify a
group of workers under subsection (a), (b), or (c)--
``(A) by contacting--
``(i) officials or employees of the workers' firm;
``(ii) officials of customers of the workers' firm;
``(iii) officials of certified or recognized unions or
other duly authorized representatives of the group of
workers; or
``(iv) one-stop operators or one-stop partners (as defined
in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801)); or
``(B) by using other available sources of information.
``(3) Verification of information.--
``(A) Certification.--The Secretary shall require a firm or
customer to certify--
``(i) all information obtained under paragraph (1) from the
firm or customer (as the case may be) through questionnaires;
and
``(ii) all other information obtained under paragraph (1)
from the firm or customer (as the case may be) on which the
Secretary relies in making a determination under section 223,
unless the Secretary has a reasonable basis for determining
that such information is accurate and complete without being
certified.
``(B) Use of subpoenas.--The Secretary shall require a
workers' firm or a customer of a workers' firm to provide
information requested by the Secretary under paragraph (1) by
subpoena pursuant to section 249 if the firm or customer (as
the case may be) fails to provide the information within 20
days of the Secretary's request, unless the firm or customer
(as the case may be) demonstrates to the satisfaction of the
Secretary that the firm or customer (as the case may be) will
provide the information within a reasonable period of time.
``(C) Protection of confidential information.--The
Secretary may not release information obtained under
paragraph (1) that the Secretary considers to be confidential
business information unless the firm or customer (as the case
may be) submitting the confidential business information had
notice, at the time of submission, that the information would
be released by the Secretary, or the firm or customer (as the
case may be) subsequently consents to the release of the
information. Nothing in this subparagraph shall be construed
to prohibit the Secretary from providing such confidential
business information to a court in camera or to another party
under a protective order issued by a court.''.
(d) Penalties.--Section 244 of the Trade Act of 1974 (19
U.S.C. 2316) is amended to read as follows:

``SEC. 244. PENALTIES.

``Whoever--
``(1) makes a false statement of a material fact knowing it
to be false, or knowingly fails to disclose a material fact
for the purpose of obtaining or increasing for himself or for
any other person any payment authorized to be furnished under
this chapter or pursuant to an agreement under section 239,
or
``(2) makes a false statement of a material fact knowing it
to be false, or knowingly fails to disclose a material fact
when providing information to the Secretary during an
investigation of a petition under section 221,

shall be imprisoned for not more than one year, fined under
title 18, United States Code, or both.''.
(e) Conforming Amendments.--
(1) Section 221(a) of the Trade Act of 1974 (19 U.S.C.
2271(a)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--

(I) by striking ``Secretary'' and inserting ``Secretary of
Labor''; and
(II) by striking ``or subdivision'' and inserting ``(as
defined in section 247)''; and

(ii) in subparagraph (A), by striking ``(including workers
in an agricultural firm or subdivision of any agricultural
firm)'';
(B) in paragraph (2)(A), by striking ``rapid response
assistance'' and inserting ``rapid response activities''; and
(C) in paragraph (3), by inserting ``and on the website of
the Department of Labor'' after ``Federal Register''.
(2) Section 222 of the Trade Act of 1974 (19 U.S.C. 2272),
as amended, is further amended--
(A) by striking ``(including workers in any agricultural
firm or subdivision of an agricultural firm)'' each place it
appears;
(B) in subsection (a)--
(i) in paragraph (1), by striking ``, or an appropriate
subdivision of the firm,''; and
(ii) in paragraph (2), by striking ``or subdivision'' each
place it appears;
(C) in subsection (c) (as redesignated)--
(i) in paragraph (2)--

(I) by striking ``(or subdivision)'' each place it appears;
(II) by inserting ``or service'' after ``the article''; and
(III) by striking ``(c) (3)'' and inserting ``(d) (3)'';
and

(ii) in paragraph (3), by striking ``(or subdivision)''
each place it appears; and
(D) in subsection (d) (as redesignated)--
(i) by striking ``For purposes'' and inserting
``Definitions.--For purposes'';
(ii) in paragraph (2), by striking ``, or appropriate
subdivision of a firm,'' each place it appears;
(iii) by amending paragraph (3) to read as follows:
``(3) Downstream producer.--
``(A) In general.--The term `downstream producer' means a
firm that performs additional, value-added production
processes or services directly for another firm for articles
or services with respect to which a group of workers in such
other firm has been certified under subsection (a).
``(B) Value-added production processes or services.--For
purposes of subparagraph (A), value-added production
processes or services include final assembly, finishing,
testing, packaging, or maintenance or transportation
services.'';
(iv) in paragraph (4)--

(I) by striking ``(or subdivision)''; and
(II) by inserting ``, or services, used in the production
of articles or in the supply of services, as the case may
be,'' after ``for articles''; and

(v) by adding at the end the following:
``(5) Reference to firm.--For purposes of subsection (a),
the term `firm' does not include a public agency.''.
(3) Section 231(a)(2) of the Trade Act of 1974 (19 U.S.C.
2291(a)(2)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``or subdivision of a firm''; and
(B) in subparagraph (C), by striking ``or subdivision''.

SEC. 1702. SEPARATE BASIS FOR CERTIFICATION.

Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is
amended by adding at the end the following:
``(f) Firms Identified by the International Trade
Commission.--Notwithstanding any other provision of this
chapter, a group of workers covered by a petition filed under
section 221 shall be certified under subsection (a) as
eligible to apply for adjustment assistance under this
chapter if--
``(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a domestic
industry in an investigation resulting in--
``(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
``(B) an affirmative determination of market disruption or
threat thereof under section 421(b)(1); or
``(C) an affirmative final determination of material injury
or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A)
of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
``(2) the petition is filed during the 1-year period
beginning on the date on which--

[[Page S1720]]

``(A) a summary of the report submitted to the President by
the International Trade Commission under section 202(f)(1)
with respect to the affirmative determination described in
paragraph (1)(A) is published in the Federal Register under
section 202(f)(3); or
``(B) notice of an affirmative determination described in
subparagraph (B) or (C) of paragraph (1) is published in the
Federal Register; and
``(3) the workers have become totally or partially
separated from the workers' firm within--
``(A) the 1-year period described in paragraph (2); or
``(B) notwithstanding section 223(b)(1), the 1-year period
preceding the 1-year period described in paragraph (2).''.

SEC. 1703. DETERMINATIONS BY SECRETARY OF LABOR.

Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is
amended--
(1) in subsection (b), by striking ``or appropriate
subdivision of the firm before his application'' and all that
follows and inserting ``before the workers' application under
section 231 occurred more than one year before the date of
the petition on which such certification was granted.'';
(2) in subsection (c), by striking ``together with his
reasons'' and inserting ``and on the website of the
Department of Labor, together with the Secretary's reasons'';
(3) in subsection (d)--
(A) by striking ``or subdivision of the firm'' and all that
follows through ``he shall'' and inserting ``, that total or
partial separations from such firm are no longer attributable
to the conditions specified in section 222, the Secretary
shall''; and
(B) by striking ``together with his reasons'' and inserting
``and on the website of the Department of Labor, together
with the Secretary's reasons''; and
(4) by adding at the end the following:
``(e) Standards for Investigations and Determinations.--
``(1) In general.--The Secretary shall establish standards,
including data requirements, for investigations of petitions
filed under section 221 and criteria for making
determinations under subsection (a).
``(2) Consultations.--Not less than 90 days before issuing
a final rule with respect to the standards required under
paragraph (1), the Secretary shall consult with the Committee
on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives with respect to such rule.''.

SEC. 1704. MONITORING AND REPORTING RELATING TO SERVICE
SECTOR.

(a) In General.--Section 282 of the Trade Act of 1974 (19
U.S.C. 2393) is amended--
(1) in the heading, by striking ``SYSTEM'' and inserting
``AND DATA COLLECTION'';
(2) in the first sentence--
(A) by striking ``The Secretary'' and inserting ``(a)
Monitoring Programs.--The Secretary'';
(B) by inserting ``and services'' after ``imports of
articles'';
(C) by inserting ``and domestic supply of services'' after
``domestic production'';
(D) by inserting ``or supplying services'' after
``producing articles''; and
(E) by inserting ``, or supply of services,'' after
``changes in production''; and
(3) by adding at the end the following:
``(b) Collection of Data and Reports on Service Sector.--
``(1) Secretary of labor.--Not later than 90 days after the
date of the enactment of this subsection, the Secretary of
Labor shall implement a system to collect data on adversely
affected workers employed in the service sector that includes
the number of workers by State and industry, and by the cause
of the dislocation of each worker, as identified in the
certification.
``(2) Secretary of commerce.--Not later than 1 year after
such date of enactment, the Secretary of Commerce shall, in
consultation with the Secretary of Labor, conduct a study and
submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a
report 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 acquiring services from firms in foreign countries.''.
(b) Clerical Amendment.--The table of contents of the Trade
Act of 1974 is amended by striking the item relating to
section 282 and inserting the following:

``Sec. 282. Trade monitoring and data collection.''.

Subpart B--Industry Notifications Following Certain Affirmative
Determinations

SEC. 1711. NOTIFICATIONS FOLLOWING CERTAIN AFFIRMATIVE
DETERMINATIONS.

(a) In General.--Section 224 of the Trade Act of 1974 (19
U.S.C. 2274) is amended--
(1) by amending the heading to read as follows:

``SEC. 224. STUDY AND NOTIFICATIONS REGARDING CERTAIN
AFFIRMATIVE DETERMINATIONS; INDUSTRY
NOTIFICATION OF ASSISTANCE.'';

(2) in subsection (a), by striking ``Whenever'' and
inserting ``Study of Domestic Industry.--Whenever'';
(3) in subsection (b)--
(A) by striking ``The report'' and inserting ``Report by
the Secretary.--The report''; and
(B) by inserting ``and on the website of the Department of
Labor'' after ``Federal Register''; and
(4) by adding at the end the following:
``(c) Notifications Following Affirmative Global Safeguard
Determinations.--Upon making an affirmative determination
under section 202(b), the Commission shall promptly notify
the Secretary of Labor and the Secretary of Commerce and, in
the case of a determination with respect to an agricultural
commodity, the Secretary of Agriculture, of the
determination.
``(d) Notifications Following Affirmative Bilateral or
Plurilateral Safeguard Determinations.--
``(1) Notifications of determinations of market
disruption.--Upon making an affirmative determination under
section 421, the Commission shall promptly notify the
Secretary of Labor and the Secretary of Commerce and, in the
case of a determination with respect to an agricultural
commodity, the Secretary of Agriculture, of the
determination.
``(2) Notifications regarding trade agreement safeguards.--
Upon making an affirmative determination in a proceeding
initiated under an applicable safeguard provision (other than
a provision described in paragraph (3)) that is enacted to
implement a trade agreement to which the United States is a
party, the Commission shall promptly notify the Secretary of
Labor and the Secretary of Commerce and, in the case of a
determination with respect to an agricultural commodity, the
Secretary of Agriculture, of the determination.
``(3) Notifications regarding textile and apparel
safeguards.--Upon making an affirmative determination in a
proceeding initiated under any safeguard provision relating
to textile and apparel articles that is enacted to implement
a trade agreement to which the United States is a party, the
President shall promptly notify the Secretary of Labor and
the Secretary of Commerce of the determination.
``(e) Notifications Following Certain Affirmative
Determinations Under Title Vii of the Tariff Act of 1930.--
Upon making an affirmative determination under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)), the Commission
shall promptly notify the Secretary of Labor and the
Secretary of Commerce and, in the case of a determination
with respect to an agricultural commodity, the Secretary of
Agriculture, of the determination.
``(f) Industry Notification of Assistance.--Upon receiving
a notification of a determination under subsection (c), (d),
or (e) with respect to an industry--
``(1) the Secretary of Labor shall--
``(A) notify the representatives of the domestic industry
affected by the determination, firms publicly identified by
name during the course of the proceeding relating to the
determination, and any certified or recognized union or, to
the extent practicable, other duly authorized representative
of workers employed by such representatives of the domestic
industry, of--
``(i) the allowances, training, employment services, and
other benefits available under this chapter;
``(ii) the manner in which to file a petition and apply for
such benefits; and
``(iii) the availability of assistance in filing such
petitions;
``(B) notify the Governor of each State in which one or
more firms in the industry described in subparagraph (A) are
located of the Commission's determination and the identity of
the firms; and
``(C) upon request, provide any assistance that is
necessary to file a petition under section 221;
``(2) the Secretary of Commerce shall--
``(A) notify the representatives of the domestic industry
affected by the determination and any firms publicly
identified by name during the course of the proceeding
relating to the determination of--
``(i) the benefits available under chapter 3;
``(ii) the manner in which to file a petition and apply for
such benefits; and
``(iii) the availability of assistance in filing such
petitions; and
``(B) upon request, provide any assistance that is
necessary to file a petition under section 251; and
``(3) in the case of an affirmative determination based
upon imports of an agricultural commodity, the Secretary of
Agriculture shall--
``(A) notify representatives of the domestic industry
affected by the determination and any agricultural commodity
producers publicly identified by name during the course of
the proceeding relating to the determination of--
``(i) the benefits available under chapter 6;
``(ii) the manner in which to file a petition and apply for
such benefits; and
``(iii) the availability of assistance in filing such
petitions; and
``(B) upon request, provide any assistance that is
necessary to file a petition under section 292.
``(g) Representatives of the Domestic Industry.--For
purposes of subsection (f), the term `representatives of the
domestic industry' means the persons that petitioned for
relief in connection with--
``(1) a proceeding under section 202 or 421 of this Act;
``(2) a proceeding under section 702(b) or 732(b) of the
Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)); or

[[Page S1721]]

``(3) any safeguard investigation described in subsection
(d)(2) or (d)(3).''.
(b) Clerical Amendment.--The table of contents of the Trade
Act of 1974 is amended by striking the item relating to
section 224 and inserting the following:

``Sec. 224. Study and notifications regarding certain affirmative
determinations; industry notification of assistance.''.

SEC. 1712. NOTIFICATION TO SECRETARY OF COMMERCE.

Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is
amended by adding at the end the following:
``(c) Upon issuing a certification under section 223, the
Secretary shall notify the Secretary of Commerce of the
identity of each firm associated with the certification.''.

Subpart C--Program Benefits

SEC. 1721. QUALIFYING REQUIREMENTS FOR WORKERS.

(a) In General.--Section 231(a)(5)(A)(ii) of the Trade Act
of 1974 (19 U.S.C. 2291 (a)(5)(A)(ii)) is amended--
(1) by striking subclauses (I) and (II) and inserting the
following:
``(I) in the case of a worker whose most recent total
separation from adversely affected employment that meets the
requirements of paragraphs (1) and (2) occurs after the date
on which the Secretary issues a certification covering the
worker, the last day of the 26th week after such total
separation,
``(II) in the case of a worker whose most recent total
separation from adversely affected employment that meets the
requirements of paragraphs (1) and (2) occurs before the date
on which the Secretary issues a certification covering the
worker, the last day of the 26th week after the date of such
certification,''.
(2) in subclause (III)--
(A) by striking ``later of the dates specified in subclause
(I) or (II)'' and inserting ``date specified in subclause (I)
or (II), as the case may be''; and
(B) by striking ``or'' at the end;
(3) by redesignating subclause (IV) as subclause (V); and
(4) by inserting after subclause (III) the following:
``(IV) in the case of a worker who fails to enroll by the
date required by subclause (I), (II), or (III), as the case
may be, due to the failure to provide the worker with timely
information regarding the date specified in such subclause,
the last day of a period determined by the Secretary, or''.
(b) Waivers of Training Requirements.--Section 231(c) of
the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended--
(1) in paragraph (1)(B)--
(A) by striking ``The worker possesses'' and inserting the
following:
``(i) In general.--The worker possesses''; and
(B) by adding at the end the following:
``(ii) Marketable skills defined.--For purposes of clause
(i), the term `marketable skills' may include the possession
of a postgraduate degree from an institution of higher
education (as defined in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002)) or an equivalent institution,
or the possession of an equivalent postgraduate certification
in a specialized field.'';
(2) in paragraph (2)(A), by striking ``A waiver'' and
inserting ``Except as provided in paragraph (3)(B), a
waiver''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``Pursuant to an
agreement under section 239, the Secretary may authorize a''
and inserting ``An agreement under section 239 shall
authorize a'';
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) Review of waivers.--An agreement under section 239
shall require a cooperating State to review each waiver
issued by the State under subparagraph (A), (B), (D), (E), or
(F) of paragraph (1)--
``(i) 3 months after the date on which the State issues the
waiver; and
``(ii) on a monthly basis thereafter.''.
(c) Conforming Amendments.--
(1) Section 231 of the Trade Act of 1974 (19 U.S.C. 2291),
as amended, is further amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``more than 60 days'' and all that follows
through ``section 221'' and inserting ``on or after the date
of such certification''; and
(B) in subsection (b)--
(i) by striking paragraph (2); and
(ii) in paragraph (1)--

(I) by striking ``(1)'';
(II) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(III) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(IV) by redesignating subclauses (I) and (II) as clauses
(i) and (ii), respectively.

(2) Section 233 of the Trade Act of 1974 (19 U.S.C. 2293)
is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) through (g) as
subsections (b) through (f), respectively.

SEC. 1722. WEEKLY AMOUNTS.

Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is
amended--
(1) in subsection (a)--
(A) by striking ``subsections (b) and (c)'' and inserting
``subsections (b), (c), and (d)'';
(B) by striking ``total unemployment'' the first place it
appears and inserting ``unemployment''; and
(C) in paragraph (2), by adding at the end before the
period the following: ``, except that in the case of an
adversely affected worker who is participating in training
under this chapter, such income shall not include earnings
from work for such week that are equal to or less than the
most recent weekly benefit amount of the unemployment
insurance payable to the worker for a week of total
unemployment preceding the worker's first exhaustion of
unemployment insurance (as determined for purposes of section
231(a)(3)(B))''; and
(2) by adding at the end the following:
``(d) Election of Trade Readjustment Allowance or
Unemployment Insurance.--Notwithstanding section
231(a)(3)(B), an adversely affected worker may elect to
receive a trade readjustment allowance instead of
unemployment insurance during any week with respect to which
the worker--
``(1) is entitled to receive unemployment insurance as a
result of the establishment by the worker of a new benefit
year under State law, based in whole or in part upon part-
time or short-term employment in which the worker engaged
after the worker's most recent total separation from
adversely affected employment; and
``(2) is otherwise entitled to a trade readjustment
allowance.''.

SEC. 1723. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES;
ALLOWANCES FOR EXTENDED TRAINING AND BREAKS IN
TRAINING.

Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a))
is amended--
(1) in paragraph (2), by inserting ``under paragraph (1)''
after ``trade readjustment allowance''; and
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``training'' and inserting ``a training
program'';
(ii) by striking ``52 additional weeks'' and inserting ``78
additional weeks''; and
(iii) by striking ``52-week'' and inserting ``91-week'';
and
(B) in the matter following subparagraph (B), by striking
``52-week'' and inserting ``91-week''.

SEC. 1724. SPECIAL RULES FOR CALCULATION OF ELIGIBILITY
PERIOD.

Section 233 of the Trade Act of 1974 (19 U.S.C. 2293), as
amended, is further amended by adding at the end the
following:
``(g) 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).
``(h) Special Rule for Justifiable Cause.--If the Secretary
determines that there is justifiable cause, the Secretary may
extend the period during which a trade readjustment allowance
is payable to an adversely affected worker under paragraphs
(2) and (3) of subsection (a) (but not the maximum amounts of
such allowance that are payable under this section).
``(i) Special Rule With Respect to Military Service.--
``(1) In general.--Notwithstanding any other provision of
this chapter, the Secretary may waive any requirement of this
chapter that the Secretary determines is necessary to ensure
that an adversely affected worker who is a member of a
reserve component of the Armed Forces and serves a period of
duty described in paragraph (2) is eligible to receive a
trade readjustment allowance, training, and other benefits
under this chapter in the same manner and to the same extent
as if the worker had not served the period of duty.
``(2) Period of duty described.--An adversely affected
worker serves a period of duty described in this paragraph
if, before completing training under section 236, the
worker--
``(A) serves on active duty for a period of more than 30
days under a call or order to active duty of more than 30
days; or
``(B) in the case of a member of the Army National Guard of
the United States or Air National Guard of the United States,
performs full-time National Guard duty under section 502(f)
of title 32, United States Code, for 30 consecutive days or
more when authorized by the President or the Secretary of
Defense for the purpose of responding to a national emergency
declared by the President and supported by Federal funds.''.

SEC. 1725. APPLICATION OF STATE LAWS AND REGULATIONS ON GOOD
CAUSE FOR WAIVER OF TIME LIMITS OR LATE FILING
OF CLAIMS.

Section 234 of the Trade Act of 1974 (19 U.S.C. 2294) is
amended--
(1) by striking ``Except where inconsistent'' and inserting
``(a) In General.--Except where inconsistent''; and
(2) by adding at the end the following:
``(b) Special Rule With Respect to State Laws and
Regulations on Good Cause for Waiver of Time Limits or Late
Filing of Claims.--Any law, regulation, policy, or practice
of a cooperating State that allows for a waiver for good
cause of any time limitation relating to the administration
of the State unemployment insurance law shall, in the
administration of the program under this chapter by the
State, apply to any time limitation with respect to an
application for readjustment allowance or enrollment in
training under this chapter.''.

[[Page S1722]]

SEC. 1726. EMPLOYMENT AND CASE MANAGEMENT SERVICES.

(a) In General.--Section 235 of the Trade Act of 1974 (19
U.S.C. 2295) is amended to read as follows:

``SEC. 235. EMPLOYMENT AND CASE MANAGEMENT SERVICES.

``The Secretary shall make available, directly or through
agreements with States under section 239, to adversely
affected workers and adversely affected incumbent workers
covered by a certification under subchapter A of this chapter
the following employment and case management services:
``(1) Comprehensive and specialized assessment of skill
levels and service needs, including through--
``(A) diagnostic testing and use of other assessment tools;
and
``(B) in-depth interviewing and evaluation to identify
employment barriers and appropriate employment goals.
``(2) Development of an individual employment plan to
identify employment goals and objectives, and appropriate
training to achieve those goals and objectives.
``(3) Information on training available in local and
regional areas, information on individual counseling to
determine which training is suitable training, and
information on how to apply for such training.
``(4) Information on how to apply for financial aid,
including referring workers to educational opportunity
centers described in section 402F of the Higher Education Act
of 1965 (20 U.S.C. 1070a-16), where applicable, and notifying
workers that the workers may request financial aid
administrators at institutions of higher education (as
defined in section 102 of such Act (20 U.S.C. 1002)) to use
the administrators' discretion under section 479A of such Act
(20 U.S.C. 1087tt) to use current year income data, rather
than preceding year income data, for determining the amount
of need of the workers for Federal financial assistance under
title IV of such Act (20 U.S.C. 1070 et seq.).
``(5) Short-term prevocational services, including
development of learning skills, communications skills,
interviewing skills, punctuality, personal maintenance
skills, and professional conduct to prepare individuals for
employment or training.
``(6) Individual career counseling, including job search
and placement counseling, during the period in which the
individual is receiving a trade adjustment allowance or
training under this chapter, and for purposes of job
placement after receiving such training.
``(7) Provision of employment statistics information,
including the provision of accurate information relating to
local, regional, and national labor market areas, including--
``(A) job vacancy listings in such labor market areas;
``(B) information on jobs skills necessary to obtain jobs
identified in job vacancy listings described in subparagraph
(A);
``(C) information relating to local occupations that are in
demand and earnings potential of such occupations; and
``(D) skills requirements for local occupations described
in subparagraph (C).
``(8) Information relating to the availability of
supportive services, including services relating to child
care, transportation, dependent care, housing assistance, and
need-related payments that are necessary to enable an
individual to participate in training.''.
(b) Clerical Amendment.--The table of contents of the Trade
Act of 1974 is amended by striking the item relating to
section 235 and inserting the following:

``235. Employment and case management services.''.

SEC. 1727. ADMINISTRATIVE EXPENSES AND EMPLOYMENT AND CASE
MANAGEMENT SERVICES.

(a) In General.--Part II of subchapter B of chapter 2 of
title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is
amended by inserting after section 235 the following:

``SEC. 235A. FUNDING FOR ADMINISTRATIVE EXPENSES AND
EMPLOYMENT AND CASE MANAGEMENT SERVICES.

``(a) Funding for Administrative Expenses and Employment
and Case Management Services.--
``(1) In general.--In addition to any funds made available
to a State to carry out section 236 for a fiscal year, the
State shall receive for the fiscal year a payment in an
amount that is equal to 15 percent of the amount of such
funds.
``(2) Use of funds.--A State that receives a payment under
paragraph (1) shall--
``(A) use not more than 2/3 of such payment for the
administration of the trade adjustment assistance for workers
program under this chapter, including for--
``(i) processing waivers of training requirements under
section 231;
``(ii) collecting, validating, and reporting data required
under this chapter; and
``(iii) providing reemployment trade adjustment assistance
under section 246; and
``(B) use not less than 1/3 of such payment for employment
and case management services under section 235.
``(b) Additional Funding for Employment and Case Management
Services.--
``(1) In general.--In addition to the funds made available
to a State to carry out section 236 and the payment under
subsection (a)(1) for a fiscal year, the Secretary shall
provide to the State for the fiscal year a payment in the
amount of $350,000.
``(2) Use of funds.--A State that receives a payment under
paragraph (1) shall use such payment for the purpose of
providing employment and case management services under
section 235.
``(3) Voluntary return of funds.--A State that receives a
payment under paragraph (1) may decline or otherwise return
such payment to the Secretary.''.
(b) Clerical Amendment.--The table of contents of the Trade
Act of 1974 is amended by inserting after the item relating
to section 235 the following:

``Sec. 235A. Funding for administrative expenses and employment and
case management services.''.

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

SEC. 1728. TRAINING FUNDING.

(a) In General.--Section 236(a)(2) of the Trade Act of 1974
(19 U.S.C. 2296(a)(2)) is amended to read as follows:
``(2)(A) The total amount of payments that may be made
under paragraph (1) shall not exceed--
``(i) for each of the fiscal years 2009 and 2010,
$575,000,000; and
``(ii) for the period beginning October 1, 2010, and ending
December 31, 2010, $143,750,000.
``(B)(i) The Secretary shall, as soon as practicable after
the beginning of each fiscal year, make an initial
distribution of the funds made available to carry out this
section, in accordance with the requirements of subparagraph
(C).
``(ii) The Secretary shall ensure that not less than 90
percent of the funds made available to carry out this section
for a fiscal year are distributed to the States by not later
than July 15 of that fiscal year.
``(C)(i) In making the initial distribution of funds
pursuant to subparagraph (B)(i) for a fiscal year, the
Secretary shall hold in reserve 35 percent of the funds made
available to carry out this section for that fiscal year for
additional distributions during the remainder of the fiscal
year.
``(ii) Subject to clause (iii), in determining how to
apportion the initial distribution of funds pursuant to
subparagraph (B)(i) in a fiscal year, the Secretary shall
take into account, with respect to each State--
``(I) the trend in the number of workers covered by
certifications of eligibility under this chapter during the
most recent 4 consecutive calendar quarters for which data
are available;
``(II) the trend in the number of workers participating in
training under this section during the most recent 4
consecutive calendar quarters for which data are available;
``(III) the number of workers estimated to be participating
in training under this section during the fiscal year;
``(IV) the amount of funding estimated to be necessary to
provide training approved under this section to such workers
during the fiscal year; and
``(V) such other factors as the Secretary considers
appropriate relating to the provision of training under this
section.
``(iii) In no case may the amount of the initial
distribution to a State pursuant to subparagraph (B)(i) in a
fiscal year be less than 25 percent of the initial
distribution to the State in the preceding fiscal year.
``(D) The Secretary shall establish procedures for the
distribution of the funds that remain available for the
fiscal year after the initial distribution required under
subparagraph (B). Such procedures may include the
distribution of funds pursuant to requests submitted by
States in need of such funds.
``(E) 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 dollar
amount limitation specified in subparagraph (A), the
Secretary shall decide how the amount of funds made available
to carry out this section that have not been distributed at
the time of the estimate will be apportioned among the States
for the remainder of the fiscal year.''.
(b) Determinations Regarding Training.--Section 236(a)(9)
of the Trade Act of 1974 (19 U.S.C. 2296(a)(9)) is amended--
(1) by striking ``The Secretary'' and inserting ``(A)
Subject to subparagraph (B), the Secretary''; and
(2) by adding at the end the following:
``(B)(i) In determining under paragraph (1)(E) whether a
worker is qualified to undertake and complete training, the
Secretary may approve training for a period longer than the
worker's period of eligibility for trade readjustment
allowances under part I if the worker demonstrates a
financial ability to complete the training after the
expiration of the worker's period of eligibility for such
trade readjustment allowances.
``(ii) In determining the reasonable cost of training under
paragraph (1)(F) with respect to a worker, the Secretary may
consider whether other public or private funds are reasonably
available to the worker, except that the Secretary may not
require a worker to obtain such funds as a condition of
approval of training under paragraph (1).''.
(c) Regulations.--Section 236 of the Trade Act of 1974 (19
U.S.C. 2296) is amended by adding at the end the following:
``(g) Regulations With Respect to Apportionment of Training
Funds to States.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this subsection, the Secretary shall issue
such regulations as may be necessary to carry out the
provisions of subsection (a)(2).
``(2) Consultations.--The Secretary shall consult with the
Committee on Finance of

[[Page S1723]]

the Senate and the Committee on Ways and Means of the House
of Representatives not less than 90 days before issuing any
final rule or regulation pursuant to paragraph (1).''.
(d) Effective Date.--This section and the amendments made
by this section shall take effect upon the expiration of the
90-day period beginning on the date of the enactment of this
Act, except that--
(1) subparagraph (A) of section 236(a)(2) of the Trade Act
of 1974, as amended by subsection (a) of this section, shall
take effect on the date of the enactment of this Act; and
(2) subparagraphs (B), (C), and (D) of such section
236(a)(2) shall take effect on October 1, 2009.

SEC. 1729. PREREQUISITE EDUCATION; APPROVED TRAINING
PROGRAMS.

(a) In General.--Section 236(a)(5) of the Trade Act of 1974
(19 U.S.C. 2296(a)(5)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' at the end of clause (i);
(B) by adding ``and'' at the end of clause (ii); and
(C) by inserting after clause (ii) the following:
``(iii) apprenticeship programs registered under the Act of
August 16, 1937 (commonly known as the `National
Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.),'';
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively;
(3) by inserting after subparagraph (D) the following:
``(E) any program of prerequisite education or coursework
required to enroll in training that may be approved under
this section,'';
(4) in subparagraph (F)(ii), as redesignated by paragraph
(2), by striking ``and'' at the end;
(5) in subparagraph (G), as redesignated by paragraph (2),
by striking the period at the end and inserting ``, and'';
and
(6) by adding at the end the following:
``(H) any training program or coursework at an accredited
institution of higher education (described in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002)), including
a training program or coursework for the purpose of--
``(i) obtaining a degree or certification; or
``(ii) completing a degree or certification that the worker
had previously begun at an accredited institution of higher
education.
The Secretary may not limit approval of a training program
under paragraph (1) to a program provided pursuant to title I
of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.).''.
(b) Conforming Amendments.--Section 233 of the Trade Act of
1974 (19 U.S.C. 2293) is amended--
(1) in subsection (a)(2), by inserting ``prerequisite
education or'' after ``requires a program of''; and
(2) in subsection (f) (as redesignated by section 1721(c)
of this subtitle), by inserting ``prerequisite education or''
after ``includes a program of''.
(c) Technical Corrections.--Section 236 of the Trade Act of
1974 (19 U.S.C. 2296) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the flush text, by striking ``his
behalf'' and inserting ``the worker's behalf''; and
(B) in paragraph (3), by striking ``this paragraph (1)''
and inserting ``paragraph (1)''; and
(2) in subsection (b)(2), by striking ``, and'' and
inserting a period.

SEC. 1730. PRE-LAYOFF AND PART-TIME TRAINING.

(a) Pre-Layoff Training.--
(1) In general.--Section 236(a) of the Trade Act of 1974
(19 U.S.C. 2296(a)) is amended--
(A) in paragraph (1), by inserting after ``determines'' the
following: ``, with respect to an adversely affected worker
or an adversely affected incumbent worker,'';
(B) in paragraph (4)--
(i) in subparagraphs (A) and (B), by inserting ``or an
adversely affected incumbent worker'' after ``an adversely
affected worker'' each place it appears; and
(ii) in subparagraph (C), by inserting ``or adversely
affected incumbent worker'' after ``adversely affected
worker'' each place it appears;
(C) in paragraph (5), in the matter preceding subparagraph
(A), by striking ``The training programs'' and inserting
``Except as provided in paragraph (10), the training
programs''; and
(D) in paragraph (6)(B), by inserting ``or adversely
affected incumbent worker'' after ``adversely affected
worker'';
(E) in paragraph (7)(B), by inserting ``or adversely
affected incumbent worker'' after ``adversely affected
worker''; and
(F) by inserting after paragraph (9) the following:
``(10) In the case of an adversely affected incumbent
worker, the Secretary may not approve--
``(A) on-the-job training under paragraph (5)(A)(i); or
``(B) customized training under paragraph (5)(A)(ii),
unless such training is for a position other than the
worker's adversely affected employment.
``(11) If the Secretary determines that an adversely
affected incumbent worker for whom the Secretary approved
training under this section is no longer threatened with a
total or partial separation, the Secretary shall terminate
the approval of such training.''.
(2) Definitions.--Section 247 of the Trade Act of 1974 (19
U.S.C. 2319), as amended, is further amended by adding at the
end the following:
``(19) The term `adversely affected incumbent worker' means
a worker who--
``(A) is a member of a group of workers who have been
certified as eligible to apply for adjustment assistance
under subchapter A;
``(B) has not been totally or partially separated from
adversely affected employment; and
``(C) the Secretary determines, on an individual basis, is
threatened with total or partial separation.''.
(b) Part-Time Training.--Section 236 of the Trade Act of
1974 (19 U.S.C. 2296), as amended, is further amended by
adding at the end the following:
``(h) Part-Time Training.--
``(1) In general.--The Secretary may approve full-time or
part-time training for a worker under subsection (a).
``(2) References to training.--Notwithstanding paragraph
(1), for purposes of determining the eligibility of a worker
for a trade readjustment allowance under section 231 or the
amount of such allowance or the number of weeks during which
a worker may receive such allowance under section 232 or 233,
any reference to training or a training program in such
sections shall be deemed to be a reference to full-time
training or a full-time training program (as the case may
be).''.

SEC. 1731. ON-THE-JOB TRAINING.

(a) In General.--Section 236(c) of the Trade Act of 1974
(19 U.S.C. 2296(c)) is amended--
(1) by redesignating paragraphs (1) through (10) as
subparagraphs (A) through (J) and moving such subparagraphs 2
ems to the right;
(2) by striking ``(c) The Secretary shall'' and all that
follows through ``such costs,'' and inserting the following:
``(c) On-the-Job Training Requirements.--
``(1) In general.--The Secretary may approve on-the-job
training for any adversely affected worker if--
``(A) the worker meets the requirements for training to be
approved under subsection (a)(1);
``(B) the Secretary determines that on-the-job training--
``(i) can reasonably be expected to lead to suitable
employment with the employer offering the on-the-job
training;
``(ii) is compatible with the skills of the worker;
``(iii) includes a curriculum through which the worker will
gain the knowledge or skills to become proficient in the job
for which the worker is being trained; and
``(iv) can be measured by benchmarks that indicate that the
worker is gaining such knowledge or skills; and
``(C) the State determines that the on-the-job training
program meets the requirements of clauses (iii) and (iv) of
subparagraph (B).
``(2) Monthly payments.--The Secretary shall pay the costs
of on-the-job training approved under paragraph (1) in
monthly installments.
``(3) Contracts for on-the-job training.--
``(A) In general.--The Secretary shall ensure, in entering
into a contract with an employer to provide on-the-job
training to a worker under this subsection, that the skill
requirements of the job for which the worker is being
trained, the academic and occupational skill level of the
worker, and the work experience of the worker are taken into
consideration.
``(B) Term of contract.--Training under any such contract
shall be limited to the period of time required for the
worker receiving on-the-job training to become proficient in
the job for which the worker is being trained, but in no case
shall exceed 104 weeks.
``(4) Exclusion of certain employers.--The Secretary shall
not enter into a contract for on-the-job training with an
employer that exhibits a pattern of failing to provide
workers receiving on-the-job training from the employer
with--
``(A) continued, long-term employment as regular employees;
and
``(B) wages, benefits, and working conditions that are
equivalent to the wages, benefits, and working conditions
provided to regular employees who have worked a similar
period of time and are doing the same type of work as workers
receiving on-the-job training from the employer.
``(5) Labor standards.--The Secretary may pay the costs of
on-the-job training,''; and
(3) in paragraph (5), as redesignated--
(A) in subparagraph (I), as redesignated by paragraph (1)
of this section, by striking ``paragraphs (1), (2), (3), (4),
(5), and (6)'' and inserting ``subparagraphs (A), (B), (C),
(D), (E), and (F)''; and
(B) in subparagraph (J), as redesignated by paragraph (1)
of this section, by striking ``paragraph (8)'' and inserting
``subparagraph (H)''.
(b) Repeal of Preference for Training on the Job.--Section
236(a)(1) of the Trade Act of 1974 (19 U.S.C. 2296(a)(1)) is
amended by striking the last sentence.

SEC. 1732. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE AND PROGRAM
BENEFITS WHILE IN TRAINING.

Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d))
is amended to read as follows:

[[Page S1724]]

``(d) Eligibility.--An adversely affected worker may not be
determined to be ineligible or disqualified for unemployment
insurance or program benefits under this subchapter--
``(1) because the worker--
``(A) is enrolled in training approved under subsection
(a);
``(B) left work--
``(i) that was not suitable employment in order to enroll
in such training; or
``(ii) that the worker engaged in on a temporary basis
during a break in such training or a delay in the
commencement of such training; or
``(C) left on-the-job training not later than 30 days after
commencing such training because the training did not meet
the requirements of subsection (c)(1)(B); or
``(2) because of the application to any such week in
training of the provisions of State law or Federal
unemployment insurance law relating to availability for work,
active search for work, or refusal to accept work.''.

SEC. 1733. JOB SEARCH AND RELOCATION ALLOWANCES.

(a) Job Search Allowances.--Section 237 of the Trade Act of
1974 (19 U.S.C. 2297) is amended--
(1) in subsection (a)(2)(C)(ii), by striking ``, unless the
worker received a waiver under section 231(c)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``90 percent of the cost
of'' and inserting ``all''; and
(B) in paragraph (2), by striking ``$1,250'' and inserting
``$1,500''.
(b) Relocation Allowances.--Section 238 of the Trade Act of
1974 (19 U.S.C. 2298) is amended--
(1) in subsection (a)(2)(E)(ii), by striking ``, unless the
worker received a waiver under section 231(c)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``90 percent of the'' and
inserting ``all''; and
(B) in paragraph (2), by striking ``$1,250'' and inserting
``$1,500''.

Subpart D--Reemployment Trade Adjustment Assistance Program

SEC. 1741. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.

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

``SEC. 246. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE
PROGRAM.'';

(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Not later than'' and all that follows
through ``2002, the Secretary'' and inserting ``The
Secretary''; and
(ii) by striking ``an alternative trade adjustment
assistance program for older workers'' and inserting ``a
reemployment trade adjustment assistance program'';
(B) in paragraph (2)--
(i) in subparagraph (A)--

(I) in the matter preceding clause (i), by striking ``for a
period not to exceed 2 years'' and inserting ``for the
eligibility period under subparagraph (A) or (B) of paragraph
(4) (as the case may be)''; and
(II) by striking clauses (i) and (ii) and inserting the
following:

``(i) the wages received by the worker at the time of
separation; and
``(ii) the wages received by the worker from
reemployment.'';
(ii) in subparagraph (B)--

(I) by striking ``for a period not to exceed 2 years'' and
inserting ``for the eligibility period under subparagraph (A)
or (B) of paragraph (4) (as the case may be)''; and
(II) by striking ``, as added by section 201 of the Trade
Act of 2002''; and

(iii) by adding at the end the following:
``(C) Training and other services.--A worker described in
paragraph (3)(B) participating in the program established
under paragraph (1) is eligible to receive training approved
under section 236 and employment and case management services
under section 235.''; and
(C) by striking paragraphs (3) through (5) and inserting
the following:
``(3) Eligibility.--
``(A) In general.--A group of workers certified under
subchapter A as eligible for adjustment assistance under
subchapter A is eligible for benefits described in paragraph
(2) under the program established under paragraph (1).
``(B) Individual eligibility.--A worker in a group of
workers described in subparagraph (A) may elect to receive
benefits described in paragraph (2) under the program
established under paragraph (1) if the worker--
``(i) is at least 50 years of age;
``(ii) earns not more than $55,000 each year in wages from
reemployment;
``(iii)(I) is employed on a full-time basis as defined by
the law of the State in which the worker is employed and is
not enrolled in a training program approved under section
236; or
``(II) is employed at least 20 hours per week and is
enrolled in a training program approved under section 236;
and
``(iv) is not employed at the firm from which the worker
was separated.
``(C) Calculation of amount of payments for certain
workers.--
``(i) In general.--In the case of a worker described in
subparagraph (B)(iii)(II), paragraph (2)(A) shall be applied
by substituting the percentage described in clause (ii) for
`50 percent'.
``(ii) Percentage described.--The percentage described in
this clause is the percentage--

``(I) equal to \1/2\ of the ratio of--

``(aa) the number of weekly hours of employment of the
worker referred to in subparagraph (B)(iii)(II), to
``(bb) the number of weekly hours of employment of the
worker at the time of separation, but

``(II) in no case more than 50 percent.

``(4) Eligibility period for payments.--
``(A) Worker who has not received trade readjustment
allowance.--In the case of a worker described in paragraph
(3)(B) who has not received a trade readjustment allowance
under part I of subchapter B pursuant to the certification
described in paragraph (3)(A), the worker may receive
benefits described in paragraph (2) for a period not to
exceed 2 years beginning on the earlier of--
``(i) the date on which the worker exhausts all rights to
unemployment insurance based on the separation of the worker
from the adversely affected employment that is the basis of
the certification; or
``(ii) the date on which the worker obtains reemployment
described in paragraph (3)(B).
``(B) Worker who has received trade readjustment
allowance.--In the case of a worker described in paragraph
(3)(B) who has received a trade readjustment allowance under
part I of subchapter B pursuant to the certification
described in paragraph (3)(A), the worker may receive
benefits described in paragraph (2) for a period of 104 weeks
beginning on the date on which the worker obtains
reemployment described in paragraph (3)(B), reduced by the
total number of weeks for which the worker received such
trade readjustment allowance.
``(5) Total amount of payments.--
``(A) In general.--The payments described in paragraph
(2)(A) made to a worker may not exceed--
``(i) $12,000 per worker during the eligibility period
under paragraph (4)(A); or
``(ii) the amount described in subparagraph (B) per worker
during the eligibility period under paragraph (4)(B).
``(B) Amount described.--The amount described in this
subparagraph is the amount equal to the product of--
``(i) $12,000, and
``(ii) the ratio of--

``(I) the total number of weeks in the eligibility period
under paragraph (4)(B) with respect to the worker, to
``(II) 104 weeks.

``(6) Limitation on other benefits.--A worker described in
paragraph (3)(B) may not receive a trade readjustment
allowance under part I of subchapter B pursuant to the
certification described in paragraph (3)(A) during any week
for which the worker receives a payment described in
paragraph (2)(A).''; and
(3) in subsection (b)(2), by striking ``subsection
(a)(3)(B)'' and inserting ``subsection (a)(3)''.
(b) Extension of Program.--Section 246(b)(1) of the Trade
Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking
``the date that is 5 years'' and all that follows through the
end period and inserting ``December 31, 2010.''.
(c) Clerical Amendment.--The table of contents of the Trade
Act of 1974 is amended by striking the item relating to
section 246 and inserting the following:

``Sec. 246. Reemployment trade adjustment assistance program.''.

Subpart E--Other Matters

SEC. 1751. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

(a) In General.--Subchapter C of chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2311 et seq.) is amended by
adding at the end the following:

``SEC. 249A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

``(a) Establishment.--There is established in the
Department of Labor an office to be known as the Office of
Trade Adjustment Assistance (in this section referred to as
the `Office').
``(b) Head of Office.--The head of the Office shall be an
administrator, who shall report directly to the Deputy
Assistant Secretary for Employment and Training.
``(c) Principal Functions.--The principal functions of the
administrator of the Office shall be--
``(1) to oversee and implement the administration of trade
adjustment assistance for workers under this chapter; and
``(2) to carry out functions delegated to the Secretary of
Labor under this chapter, including--
``(A) making determinations under section 223;
``(B) providing information under section 225 about trade
adjustment assistance to workers and assisting such workers
to prepare petitions or applications for program benefits;
``(C) providing assistance to employers of groups of
workers that have filed petitions under section 221 in
submitting information required by the Secretary related to
the petitions;
``(D) ensuring workers covered by a certification of
eligibility under subchapter A receive the employment and
case management services described in section 235;
``(E) ensuring that States fully comply with agreements
entered into under section 239;
``(F) advocating for workers applying for assistance under
this chapter;
``(G) establishing and overseeing a hotline that workers,
employers, and other entities

[[Page S1725]]

may call to obtain information regarding eligibility
criteria, procedural requirements, and benefits available
under this chapter; and
``(H) carrying out such other duties with respect to this
chapter as the Secretary specifies for purposes of this
section.
``(d) Administration.--
``(1) Designation.--The administrator shall designate an
employee of the Department of Labor with appropriate
experience and expertise to carry out the duties described in
paragraph (2).
``(2) Duties.--The officer or employee designated under
paragraph (1) shall--
``(A) receive complaints and requests for assistance
related to the trade adjustment assistance program under this
chapter;
``(B) resolve such complaints and requests for assistance,
in coordination with other employees of the Office;
``(C) compile basic information concerning such complaints
and requests for assistance; and
``(D) carry out such other duties with respect to this
chapter as the Secretary specifies for purposes of this
section.''.
(b) Establishment of Deputy Assistant Secretary for
Employment and Training.--
(1) In general.--There is established in the Department of
Labor a Deputy Assistant Secretary for Employment and
Training, who shall report directly to the Assistant
Secretary for Employment and Training Administration.
(2) Appointment.--
(A) In general.--The Deputy Assistant Secretary for
Employment and Training shall be appointed by the President,
by and with the advice and consent of the Senate.
(B) Committee referral.--As an exercise of the rulemaking
power of the Senate, a nomination for Deputy Assistant
Secretary for Employment and Training shall be referred to
the Committee on Finance. If the Committee on Finance has not
reported such nomination at the close of the 30th day after
its referral to such Committee, the Committee shall be
automatically discharged from further consideration of such
nomination and such nomination shall be referred to the
Committee on Health, Education, Labor and Pensions.
(3) Duties.--The Deputy Assistant Secretary for Employment
and Training shall--
(A) oversee the operation of the Office of Trade Adjustment
Assistance, established under section 249A(a) of the Trade
Act of 1974, as added by subsection (a) of this section; and
(B) carry out such other duties as the Secretary of Labor
may assign.
(c) Clerical Amendment.--The table of contents of the Trade
Act of 1974 is amended by inserting after the item relating
to section 249 the following:

``Sec. 249A. Office of Trade Adjustment Assistance.''.

SEC. 1752. ACCOUNTABILITY OF STATE AGENCIES; COLLECTION AND
PUBLICATION OF PROGRAM DATA; AGREEMENTS WITH
STATES.

(a) In General.--Section 239(a) of the Trade Act of 1974
(19 U.S.C. 2311(a)) is amended--
(1) by amending clause (2) to read as follows: ``(2) in
accordance with subsection (f), shall make available to
adversely affected workers and adversely affected incumbent
workers covered by a certification under subchapter A the
employment and case management services described in section
235,''; and
(2) by striking ``will'' each place it appears and
inserting ``shall''.
(b) Form and Manner of Data.--Section 239 of the Trade Act
of 1974 (19 U.S.C. 2311) is amended--
(1) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Form and Manner of Data.--Each agreement under this
subchapter shall--
``(1) provide the Secretary with the authority to collect
any data the Secretary determines necessary to meet the
requirements of this chapter; and
``(2) specify the form and manner in which any such data
requested by the Secretary shall be reported.''.
(c) State Activities.--Section 239(g) of the Trade Act of
1974 (as redesignated) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by amending paragraph (4) to read as follows:
``(4) perform outreach, intake, and orientation for
assistance and benefits available under this chapter for
adversely affected workers and adversely affected incumbent
workers covered by a certification under subchapter A, and'';
and
(3) by adding at the end the following:
``(5) make employment and case management services
described in section 235 available to adversely affected
workers and adversely affected incumbent workers covered by a
certification under subchapter A and, if funds provided to
carry out this chapter are insufficient to make such services
available, make arrangements to make such services available
through other Federal programs.''.
(d) Reporting Requirement.--Section 239(h) of the Trade Act
of 1974 (as redesignated) is amended by striking ``1998.''
and inserting ``1998 and a description of the State's rapid
response activities under section 221(a)(2)(A).''.
(e) Control Measures.--Section 239 of the Trade Act of 1974
(19 U.S.C. 2311), as amended, is further amended by adding at
the end the following:
``(i) Control Measures.--
``(1) In general.--The Secretary shall require each
cooperating State and cooperating State agency to implement
effective control measures and to effectively oversee the
operation and administration of the trade adjustment
assistance program under this chapter, including by means of
monitoring the operation of control measures to improve the
accuracy and timeliness of the data being collected and
reported.
``(2) Definition.--For purposes of paragraph (1), the term
`control measures' means measures that--
``(A) are internal to a system used by a State to collect
data; and
``(B) are designed to ensure the accuracy and verifiability
of such data.
``(j) Data Reporting.--
``(1) In general.--Any agreement entered into under this
section shall require the cooperating State or cooperating
State agency to report to the Secretary on a quarterly basis
comprehensive performance accountability data, to consist
of--
``(A) the core indicators of performance described in
paragraph (2)(A);
``(B) the additional indicators of performance described in
paragraph (2)(B), if any; and
``(C) a description of efforts made to improve outcomes for
workers under the trade adjustment assistance program.
``(2) Core indicators described.--
``(A) In general.--The core indicators of performance
described in this paragraph are--
``(i) the percentage of workers receiving benefits under
this chapter who are employed during the second calendar
quarter following the calendar quarter in which the workers
cease receiving such benefits;
``(ii) the percentage of such workers who are employed in
each of the third and fourth calendar quarters following the
calendar quarter in which the workers cease receiving such
benefits; and
``(iii) the earnings of such workers in each of the third
and fourth calendar quarters following the calendar quarter
in which the workers cease receiving such benefits.
``(B) Additional indicators.--The Secretary and a
cooperating State or cooperating State agency may agree upon
additional indicators of performance for the trade adjustment
assistance program under this chapter, as appropriate.
``(3) Standards with respect to reliability of data.--In
preparing the quarterly report required by paragraph (1),
each cooperating State or cooperating State agency shall
establish procedures that are consistent with guidelines to
be issued by the Secretary to ensure that the data reported
are valid and reliable.''.

SEC. 1753. VERIFICATION OF ELIGIBILITY FOR PROGRAM BENEFITS.

Section 239 of the Trade Act of 1974 (19 U.S.C. 2311), as
amended, is further amended by adding at the end the
following:
``(k) Verification of Eligibility for Program Benefits.--
``(1) In general.--An agreement under this subchapter shall
provide that the State shall periodically redetermine that a
worker receiving benefits under this subchapter who is not a
citizen or national of the United States remains in a
satisfactory immigration status. Once satisfactory
immigration status has been initially verified through the
immigration status verification system described in section
1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)) for
purposes of establishing a worker's eligibility for
unemployment compensation, the State shall reverify the
worker's immigration status if the documentation provided
during initial verification will expire during the period in
which that worker is potentially eligible to receive benefits
under this subchapter. The State shall conduct such
redetermination in a timely manner, utilizing the immigration
status verification system described in section 1137(d) of
the Social Security Act (42 U.S.C. 1320b-7(d)).
``(2) Procedures.--The Secretary shall establish procedures
to ensure the uniform application by the States of the
requirements of this subsection.''.

SEC. 1754. COLLECTION OF DATA AND REPORTS; INFORMATION TO
WORKERS.

(a) In General.--Subchapter C of chapter 2 of title II of
the Trade Act of 1974 (19 U.S.C. 2311 et seq.), as amended,
is further amended by adding at the end the following:

``SEC. 249B. COLLECTION AND PUBLICATION OF DATA AND REPORTS;
INFORMATION TO WORKERS.

``(a) In General.--Not later than 180 days after the date
of the enactment of this section, the Secretary shall
implement a system to collect and report the data described
in subsection (b), as well as any other information that the
Secretary considers appropriate to effectively carry out this
chapter.
``(b) Data To Be Included.--The system required under
subsection (a) shall include collection of and reporting on
the following data for each fiscal year:
``(1) Data on petitions filed, certified, and denied.--
``(A) The number of petitions filed, certified, and denied
under this chapter.
``(B) The number of workers covered by petitions filed,
certified, and denied.
``(C) The number of petitions, classified by--
``(i) the basis for certification, including increased
imports, shifts in production, and other bases of
eligibility; and

[[Page S1726]]

``(ii) congressional district.
``(D) The average time for processing such petitions.
``(2) Data on benefits received.--
``(A) The number of workers receiving benefits under this
chapter.
``(B) The number of workers receiving each type of benefit,
including training, trade readjustment allowances, employment
and case management services, and relocation and job search
allowances, and, to the extent feasible, credits for health
insurance costs under section 35 of the Internal Revenue Code
of 1986.
``(C) The average time during which such workers receive
each such type of benefit.
``(3) Data on training.--
``(A) The number of workers enrolled in training approved
under section 236, classified by major types of training,
including classroom training, training through distance
learning, on-the-job training, and customized training.
``(B) The number of workers enrolled in full-time training
and part-time training.
``(C) The average duration of training.
``(D) The number of training waivers granted under section
231(c), classified by type of waiver.
``(E) The number of workers who complete training and the
duration of such training.
``(F) The number of workers who do not complete training.
``(4) Data on outcomes.--
``(A) A summary of the quarterly reports required under
section 239(j).
``(B) The sectors in which workers are employed after
receiving benefits under this chapter.
``(5) Data on rapid response activities.--Whether rapid
response activities were provided with respect to each
petition filed under section 221.
``(c) Classification of Data.--To the extent possible, in
collecting and reporting the data described in subsection
(b), the Secretary shall classify the data by industry,
State, and national totals.
``(d) Report.--Not later than December 15 of each year, the
Secretary shall submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives a report that includes--
``(1) a summary of the information collected under this
section for the preceding fiscal year;
``(2) information on the distribution of funds to each
State pursuant to section 236(a)(2); and
``(3) any recommendations of the Secretary with respect to
changes in eligibility requirements, benefits, or training
funding under this chapter based on the data collected under
this section.
``(e) Availability of Data.--
``(1) In general.--The Secretary shall make available to
the public, by publishing on the website of the Department of
Labor and by other means, as appropriate--
``(A) the report required under subsection (d);
``(B) the data collected under this section, in a
searchable format; and
``(C) a list of cooperating States and cooperating State
agencies that failed to submit the data required by this
section to the Secretary in a timely manner.
``(2) Updates.--The Secretary shall update the data under
paragraph (1) on a quarterly basis.''.
(b) Clerical Amendment.--The table of contents of the Trade
Act of 1974 is amended by inserting after the item relating
to section 249A the following:

``Sec. 249B. Collection and publication of data and reports;
information to workers.''.

SEC. 1755. FRAUD AND RECOVERY OF OVERPAYMENTS.

Section 243(a)(1) of the Trade Act of 1974 (19 U.S.C.
2315(a)(1)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``may waive'' and inserting ``shall
waive''; and
(B) by striking ``, in accordance with guidelines
prescribed by the Secretary,''; and
(2) in subparagraph (B), by striking ``would be contrary to
equity and good conscience'' and inserting ``would cause a
financial hardship for the individual (or the individual's
household, if applicable) when taking into consideration the
income and resources reasonably available to the individual
(or household) and other ordinary living expenses of the
individual (or household)''.

SEC. 1756. SENSE OF CONGRESS ON APPLICATION OF TRADE
ADJUSTMENT ASSISTANCE.

(a) In General.--Chapter 5 of title II of the Trade Act of
1974 (19 U.S.C. 2391 et seq.) is amended by adding at the end
the following:

``SEC. 288. SENSE OF CONGRESS.

``It is the sense of Congress that the Secretaries of
Labor, Commerce, and Agriculture should apply the provisions
of chapter 2 (relating to adjustment assistance for workers),
chapter 3 (relating to adjustment assistance for firms),
chapter 4 (relating to adjustment assistance for
communities), and chapter 6 (relating to adjustment
assistance for farmers), respectively, with the utmost regard
for the interests of workers, firms, communities, and farmers
petitioning for benefits under such chapters.''.
(b) Clerical Amendment.--The table of contents of the Trade
Act of 1974 is amended by inserting after the item relating
to section 287 the following:

``Sec. 288. Sense of Congress.''.

SEC. 1757. CONSULTATIONS IN PROMULGATION OF REGULATIONS.

Section 248 of the Trade Act of 1974 (19 U.S.C. 2320) is
amended--
(1) by striking ``The Secretary shall'' and inserting the
following:
``(a) In General.--The Secretary shall''; and
(2) by adding at the end the following:
``(b) Consultations.--Not later than 90 days before issuing
a final rule or regulation under subsection (a), the
Secretary shall consult with the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives with respect to the final rule or
regulation.''.

SEC. 1758. TECHNICAL CORRECTIONS.

(a) Determinations by Secretary of Labor.--Section 223(c)
of the Trade Act of 1974 (19 U.S.C. 2273(c)) is amended by
striking ``his determination'' and inserting ``a
determination''.
(b) Qualifying Requirements for Workers.--Section 231(a) of
the Trade Act of 1974 (19 U.S.C. 2291(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``his application'' and inserting ``the worker's
application''; and
(B) in subparagraph (A), by striking ``he is covered'' and
inserting ``the worker is covered'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking the period and
inserting a comma; and
(B) in subparagraph (D), by striking ``5 U.S.C.
8521(a)(1)'' and inserting ``section 8521(a)(1) of title 5,
United States Code''; and
(3) in paragraph (3)--
(A) by striking ``he'' each place it appears and inserting
``the worker''; and
(B) in subparagraph (C), by striking ``him'' and inserting
``the worker''.
(c) Subpoena Power.--Section 249 of the Trade Act of 1974
(19 U.S.C. 2321) is amended--
(1) in the section heading, by striking ``SUBPENA'' and
inserting ``SUBPOENA''; and
(2) by striking ``subpena'' and inserting ``subpoena'' each
place it appears.
(d) Clerical Amendment.--The table of contents of the Trade
Act of 1974 is amended by striking the item relating to
section 249 and inserting the following:

``Sec. 249. Subpoena power.''.

PART II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

SEC. 1761. EXPANSION TO SERVICE SECTOR FIRMS.

(a) In General.--Section 251 of the Trade Act of 1974 (19
U.S.C. 2341) is amended by inserting ``or service sector
firm'' after ``agricultural firm'' each place it appears.
(b) Definition of Service Sector Firm.--Section 261 of the
Trade Act of 1974 (19 U.S.C. 2351) is amended--
(1) by striking ``chapter,'' and inserting ``chapter:'';
(2) by striking ``the term `firm' '' and inserting the
following:
``(1) Firm.--The term `firm' ''; and
(3) by adding at the end the following:
``(2) Service sector firm.--The term `service sector firm'
means a firm engaged in the business of supplying
services.''.
(c) Conforming Amendments.--
(1) Section 251(c)(1)(C) of the Trade Act of 1974 (19
U.S.C. 2341(c)(1)(C)) is amended--
(A) by inserting ``or services'' after ``articles'' the
first place it appears; and
(B) by inserting ``or services which are supplied'' after
``produced''.
(2) Section 251(c)(2)(B)(ii) of such Act is amended to read
as follows:
``(ii) Any firm that engages in exploration or drilling for
oil or natural gas, or otherwise produces oil or natural gas,
shall be considered to be producing articles directly
competitive with imports of oil and with imports of natural
gas.''.

SEC. 1762. MODIFICATION OF REQUIREMENTS FOR CERTIFICATION.

Section 251(c)(1)(B) of the Trade Act of 1974 (19 U.S.C.
2341(c)(1)(B)) is amended to read as follows:
``(B) that--
``(i) sales or production, or both, of the firm have
decreased absolutely,
``(ii) sales or production, or both, of an article or
service that accounted for not less than 25 percent of the
total sales or production of the firm during the 12-month
period preceding the most recent 12-month period for which
date are available have decreased absolutely,
``(iii) sales or production, or both, of the firm during
the most recent 12-month period for which data are available
have decreased compared to--
``(I) the average annual sales or production for the firm
during the 24-month period preceding that 12-month period, or
``(II) the average annual sales or production for the firm
during the 36-month period preceding that 12-month period,
and.
``(iv) sales or production, or both, of an article or
service that accounted for not less than 25 percent of the
total sales or production of the firm during the most recent
12-month period for which data are available have decreased
compared to--
``(I) the average annual sales or production for the
article or service during the 24-month period preceding that
12-month period, or
``(II) the average annual sales or production for the
article or service during the 36-month period preceding that
12-month period, and''.

SEC. 1763. BASIS FOR DETERMINATIONS.

Section 251 of the Trade Act of 1974 (19 U.S.C. 2341), as
amended, is further amended by adding at the end the
following:
``(e) Basis for Secretary's Determinations.--For purposes
of subsection (c)(1)(C),

[[Page S1727]]

the Secretary may determine that there are increased imports
of like or directly competitive articles or services, if
customers accounting for a significant percentage of the
decrease in the sales of the firm certify to the Secretary
that such customers have increased their imports of such
articles or services from a foreign country, either
absolutely or relative to their acquisition of such articles
or services from suppliers located in the United States.
``(f) Notification to Firms of Availability of Benefits.--
Upon receiving notice from the Secretary of Labor under
section 225 of the identity of a firm that is covered by a
certification issued under section 223, the Secretary of
Commerce shall notify the firm of the availability of
adjustment assistance under this chapter.''.

SEC. 1764. OVERSIGHT AND ADMINISTRATION; AUTHORIZATION OF
APPROPRIATIONS.

(a) In General.--Chapter 3 of title II of the Trade Act of
1974 (19 U.S.C. 2341 et seq.) is amended--
(1) by striking sections 254, 255, 256, and 257;
(2) by redesignating sections 258, 259, 260, 261, 262, 264,
and 265, as sections 256, 257, 258, 259, 260, 261, and 262,
respectively; and
(3) by inserting after section 253 the following:

``SEC. 254. OVERSIGHT AND ADMINISTRATION.

``(a) In General.--The Secretary shall, to such extent and
in such amounts as are provided in appropriations Acts,
provide grants to intermediary organizations (referred to in
section 253(b)(1)) throughout the United States pursuant to
agreements with such intermediary organizations. Each such
agreement shall require the intermediary organization to
provide benefits to firms certified under section 251.The
Secretary shall, to the maximum extent practicable, provide
by October 1, 2010, that contracts entered into with
intermediary organizations be for a 12-month period and that
all such contracts have the same beginning date and the same
ending date.
``(b) Distribution of Funds.--
``(1) In general.--Not later than 60 days after the date of
the enactment of this section, the Secretary shall develop a
methodology for the distribution of funds among the
intermediary organizations described in subsection (a).
``(2) Prompt initial distribution.--The methodology
described in paragraph (1) shall ensure the prompt initial
distribution of funds and establish additional criteria
governing the apportionment and distribution of the remainder
of such funds among the intermediary organizations.
``(3) Criteria.--The methodology described in paragraph (1)
shall include criteria based on the data in the annual report
on trade adjustment for firms program described in section
1766.
``(c) Requirements for Contracts.--An agreement with an
intermediary organization described in subsection (a) shall
require the intermediary organization to contract for the
supply of services to carry out grants under this chapter in
accordance with terms and conditions that are consistent with
guidelines established by the Secretary.
``(d) Consultations.--
``(1) Consultations regarding methodology.--The Secretary
shall consult with the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives not less than 60 days before finalizing the
methodology described in subsection (b) or adopting any
changes to such methodology.
``(2) Consultations regarding guidelines.--The Secretary
shall consult with the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives not less than 60 days before finalizing the
guidelines described in subsection (c) or adopting any
subsequent changes to such guidelines.

``SEC. 255. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.--There are authorized to be appropriated
to the Secretary $50,000,000 for each of the fiscal years
2009 through 2010, and $12,501,000 for the period beginning
October 1, 2010, and ending December 31, 2010, to carry out
the provisions of this chapter. Amounts appropriated pursuant
to this subsection shall--
``(1) be available to provide adjustment assistance to
firms that file a petition for such assistance pursuant to
this chapter on or before December 31, 2010; and
``(2) otherwise remain available until expended.
``(b) Personnel.--Of the amounts appropriated pursuant to
this section for each fiscal year, $350,000 shall be
available for full-time positions in the Department of
Commerce to administer the provisions of this chapter. Of
such funds the Secretary shall make available to the Economic
Development Administration such sums as may be necessary to
establish the position of Director of Adjustment Assistance
for Firms and such other full-time positions as may be
appropriate to administer the provisions of this chapter.''.
(b) Residual Authority.--The Secretary of Commerce shall
have the authority to modify, terminate, resolve, liquidate,
or take any other action with respect to a loan, guarantee,
contract, or any other financial assistance that was extended
under section 254, 255, 256, or 257 of the Trade Act of 1974
(19 U.S.C. 2344, 2345, 2346, and 2347), as in effect on the
day before the effective date set forth in section 1791.
(c) Conforming Amendments.--
(1) Section 256 of the Trade Act of 1974, as redesignated
by subsection (a) of this section, is amended by striking
subsection (d).
(2) Section 258 of the Trade Act of 1974, as redesignated
by subsection (a) of this section, is amended--
(A) in the first sentence, by striking ``and financial'';
and
(B) in the last sentence--
(i) by striking ``sections 253 and 254'' and inserting
``section 253''; and
(ii) by striking ``title 28 of the United States Code'' and
inserting ``title 28, United States Code''.
(d) Clerical Amendments.--The table of contents of the
Trade Act of 1974 is amended by striking the items relating
to sections 254, 255, 256, 257, 258, 259, 260, 261, 262, 264,
and 265, and inserting the following:

``Sec. 254. Oversight and administration.
``Sec. 255. Authorization of appropriations.
``Sec. 256. Protective provisions.
``Sec. 257. Penalties.
``Sec. 258. Civil actions.
``Sec. 259. Definitions.
``Sec. 260. Regulations.
``Sec. 261. Study by Secretary of Commerce when International Trade
Commission begins investigation; action where there is
affirmative finding.
``Sec. 262. Assistance to industries.''.

SEC. 1765. INCREASED PENALTIES FOR FALSE STATEMENTS.

Section 257 of the Trade Act of 1974, as redesignated by
section 1764(a), is amended to read as follows:

``SEC. 257. PENALTIES.

``Whoever--
``(1) makes a false statement of a material fact knowing it
to be false, or knowingly fails to disclose a material fact,
or willfully overvalues any security, for the purpose of
influencing in any way a determination under this chapter, or
for the purpose of obtaining money, property, or anything of
value under this chapter, or
``(2) makes a false statement of a material fact knowing it
to be false, or knowingly fails to disclose a material fact,
when providing information to the Secretary during an
investigation of a petition under this chapter,

shall be imprisoned for not more than 2 years, or fined under
title 18, United States Code, or both.''.

SEC. 1766. ANNUAL REPORT ON TRADE ADJUSTMENT FOR FIRMS.

(a) Annual Report on Trade Adjustment for Firms Program.--
Not later than December 15, 2009, and each year thereafter,
the Secretary of Commerce shall prepare a report containing
data regarding the trade adjustment for firms program
provided for in chapter 3 of title II of the Trade Act of
1974 (19 U.S.C. 2341 et seq.) for the preceding fiscal year.
The data shall be classified by intermediary organization,
State, and national totals and include the following:
(1) The number of firms that inquired about the program.
(2) The number of petitions filed.
(3) The number of petitions certified and denied.
(4) The date each petition was filed, the date on which a
determination was made on the petition, and the average time
for processing petitions.
(5) The number of petitions filed and firms certified for
each congressional district of the United States.
(6) The number of firms that received assistance in
preparing their petitions.
(7) The number of firms that received assistance developing
business recovery plans.
(8) The number of business recovery plans approved and
denied by the Secretary of Commerce.
(9) Sales, employment, and productivity at each firm
participating in the program at the time of certification.
(10) Sales, employment, and productivity at each firm upon
completion of the program and each year for the 2-year period
following completion.
(11) The financial assistance received by each firm
participating in the program.
(12) The financial contribution made by each firm
participating in the program.
(13) The types of technical assistance included in the
business recovery plans of firms participating in the
program.
(14) The number of firms leaving the program before
completing the project or projects in their business recovery
plans, classified by the general cause for early termination.
(b) Report to Congress; Publication.--The Secretary of
Commerce shall--
(1) submit the report described in subsection (a) to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives; and
(2) publish the report in the Federal Register and on the
website of the Department of Commerce.
(c) Protection of Confidential Information.--The Secretary
of Commerce may not release information described in
subsection (a) that the Secretary considers to be
confidential business information unless the person
submitting the confidential business information had notice,
at the time of submission, that such information would be
released by the Secretary, or such person subsequently
consents to the release of the information. Nothing in this
subparagraph shall be construed to prohibit the Secretary
from providing such confidential business information to a
court in camera or to another

[[Page S1728]]

party under a protective order issued by a court.

SEC. 1767. TECHNICAL CORRECTIONS.

(a) In General.--Section 251 of the Trade Act of 1974 (19
U.S.C. 2341), as amended, is further amended--
(1) in subsection (a), by striking ``he has'' and inserting
``the Secretary has''; and
(2) in subsection (d), by striking ``60 days'' and
inserting ``40 days''.
(b) Technical Assistance.--Section 253(a)(3) of the Trade
Act of 1974 (19 U.S.C. 2343(a)(3)) is amended by striking
``of a certified firm'' and inserting ``to a certified
firm''.

PART III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

SEC. 1771. PURPOSE.

The purpose of this part is to assist communities impacted
by trade with economic adjustment through the coordination of
Federal, State, and local resources, the creation of
community-based development strategies, and the development
and provision of programs that meet the training needs of
workers covered by certifications under section 223.

SEC. 1772. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

(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:

``CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

``Subchapter A--Trade Adjustment Assistance for Communities

``SEC. 271. DEFINITIONS.

``In this subchapter:
``(1) Agricultural commodity producer.--The term
`agricultural commodity producer' has the meaning given that
term in section 291.
``(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.
``(3) Community impacted by trade.--The term `community
impacted by trade' means a community described in section
273(b)(2).
``(4) Eligible community.--The term `eligible community'
means a community that the Secretary has determined under
section 273(b)(1) is eligible to apply for assistance under
this subchapter.
``(5) Secretary.--The term `Secretary' means the Secretary
of Commerce.

``SEC. 272. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE FOR
COMMUNITIES PROGRAM.

``Not later than August 1, 2009, the Secretary shall
establish a trade adjustment assistance for communities
program at the Department of Commerce under which the
Secretary shall--
``(1) provide technical assistance under section 274 to
communities impacted by trade to facilitate the economic
adjustment of those communities; and
``(2) award grants to communities impacted by trade to
carry out strategic plans developed under section 276.

``SEC. 273. ELIGIBILITY; NOTIFICATION.

``(a) Petition.--
``(1) In general.--A community may submit a petition to the
Secretary for an affirmative determination under subsection
(b)(1) that the community is eligible to apply for assistance
under this subchapter if--
``(A) on or after August 1, 2009, one or more
certifications described in subsection (b)(3) are made with
respect to the community; and
``(B) the community submits the petition not later than 180
days after the date of the most recent certification.
``(2) Special rule with respect to certain communities.--In
the case of a community with respect to which one or more
certifications described in subsection (b)(3) were made on or
after January 1, 2007, and before August 1, 2009, the
community may submit a petition to the Secretary for an
affirmative determination under subsection (b)(1) not later
than February 1, 2010.
``(b) Affirmative Determination.--
``(1) In general.--The Secretary shall make an affirmative
determination that a community is eligible to apply for
assistance under this subchapter if the Secretary determines
that the community is a community impacted by trade.
``(2) Community impacted by trade.--A community is a
community impacted by trade if--
``(A) one or more certifications described in paragraph (3)
are made with respect to the community; and
``(B) the Secretary determines that the community is
significantly affected by the threat to, or the loss of, jobs
associated with that certification.
``(3) Certification described.--A certification described
in this paragraph is a certification--
``(A) by the Secretary of Labor that a group of workers in
the community is eligible to apply for assistance under
section 223;
``(B) by the Secretary of Commerce that a firm located in
the community is eligible to apply for adjustment assistance
under section 251; or
``(C) by the Secretary of Agriculture that a group of
agricultural commodity producers in the community is eligible
to apply for adjustment assistance under section 293.
``(c) Notifications.--
``(1) Notification to the governor.--The Governor of a
State shall be notified promptly--
``(A) by the Secretary of Labor, upon making a
determination that a group of workers in the State is
eligible for assistance under section 223;
``(B) by the Secretary of Commerce, upon making a
determination that a firm in the State is eligible for
assistance under section 251; and
``(C) by the Secretary of Agriculture, upon making a
determination that a group of agricultural commodity
producers in the State is eligible for assistance under
section 293.
``(2) Notification to community.--Upon making an
affirmative determination under subsection (b)(1) that a
community is eligible to apply for assistance under this
subchapter, the Secretary shall promptly notify the community
and the Governor of the State in which the community is
located--
``(A) of the affirmative determination;
``(B) of the applicable provisions of this subchapter; and
``(C) of the means for obtaining assistance under this
subchapter and other appropriate economic assistance that may
be available to the community.

``SEC. 274. TECHNICAL ASSISTANCE.

``(a) In General.--The Secretary shall provide
comprehensive technical assistance to an eligible community
to assist the community to--
``(1) diversify and strengthen the economy in the
community;
``(2) identify significant impediments to economic
development that result from the impact of trade on the
community; and
``(3) develop a strategic plan under section 276 to address
economic adjustment and workforce dislocation in the
community , including unemployment among agricultural
commodity producers.
``(b) Coordination of Federal Response.--The Secretary
shall coordinate the Federal response to an eligible
community by--
``(1) identifying Federal, State, and local resources that
are available to assist the community in responding to
economic distress; and
``(2) assisting the community in accessing available
Federal assistance and ensuring that such assistance is
provided in a targeted, integrated manner.
``(c) Interagency Community Assistance Working Group.--
``(1) In general.--The Secretary shall establish an
interagency Community Assistance Working Group, to be chaired
by the Secretary or the Secretary's designee, who shall
assist the Secretary with the coordination of the Federal
response pursuant to subsection (b).
``(2) Membership.--The Working Group shall consist of
representatives of any Federal department or agency with
responsibility for providing economic adjustment assistance,
including the Department of Agriculture, the Department of
Defense, 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, and any other
Federal, State, or regional public department or agency the
Secretary determines to be appropriate.

``SEC. 275. GRANTS FOR ELIGIBLE COMMUNITIES.

``(a) In General.--The Secretary may award a grant under
this section to an eligible community to assist the community
in carrying out any project or program that is included in a
strategic plan developed by the community under section 276.
``(b) Application.--
``(1) In general.--An eligible community seeking to receive
a grant under this section shall submit a grant application
to the Secretary that contains--
``(A) the strategic plan developed by the community under
section 276(a)(1) and approved by the Secretary under section
276(a)(2); and
``(B) a description of the project or program included in
the strategic plan with respect to which the community seeks
the grant.
``(2) Coordination among grant programs.--If an entity in
an eligible community is seeking or plans to seek a Community
College and Career Training Grant under section 278 or a
Sector Partnership Grant under section 279A while the
eligible community is seeking a grant under this section, the
eligible community shall include in the grant application a
description of how the eligible community will integrate any
projects or programs carried out using a grant under this
section with any projects or programs that may be carried out
using such other grants.
``(c) Limitation.--An eligible community may not be awarded
more than $5,000,000 under this section.
``(d) Cost-Sharing.--
``(1) Federal share.--The Federal share of a project or
program for which a grant is awarded under this section may
not exceed 95 percent of the cost of such project or program.
``(2) Community share.--The Secretary shall require, as a
condition of awarding a grant to an eligible community under
this section, that the eligible community contribute not less
than an amount equal to 5 percent of the amount of the grant
toward the cost of the project or program for which the grant
is awarded.
``(e) Grants to Small- and Medium-Sized Communities.--The
Secretary shall give priority to grant applications submitted
under this section by eligible communities that are small-
and medium-sized communities.

[[Page S1729]]

``(f) Annual Report.--Not later than December 15 in each of
the calendar years 2009 through 2013, 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--
``(1) describing each grant awarded under this section
during the preceding fiscal year; and
``(2) assessing the impact on the eligible community of
each such grant awarded in a fiscal year before the fiscal
year referred to in paragraph (1).

``SEC. 276. STRATEGIC PLANS.

``(a) In General.--
``(1) Involvement of private and public entities.--An
eligible community that intends to apply for a grant under
section 275 shall--
``(A) develop a strategic plan for the community's economic
adjustment to the impact of trade with the entities described
in paragraph (2) to the extent practicable; and
``(B) submit the plan to the Secretary for evaluation and
approval.
``(2) Entities described.--Entities described in this
paragraph are public and private representatives, firms, and
other entities within the eligible community, including--
``(A) local, county, or State government serving the
community;
``(B) firms, including small- and medium-sized firms,
within the community;
``(C) local workforce investment boards established under
section 117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832);
``(D) labor organizations, including State labor
federations and labor-management initiatives, representing
workers in the community; and
``(E) educational institutions, local educational agencies,
or other training providers serving the community.
``(b) Contents.--The strategic plan shall, at a minimum,
contain the following:
``(1) A description and analysis of the capacity of the
eligible community to achieve economic adjustment to the
impact of trade.
``(2) An analysis of the economic development challenges
and opportunities facing the community as well as the
strengths and weaknesses of the economy of the community.
``(3) An assessment of the commitment of the eligible
community to the strategic plan over the long term and the
participation and input of members of the community affected
by economic dislocation.
``(4) A description of the role and the participation of
the entities described in subsection (a)(2) in developing the
strategic plan.
``(5) A description of the projects to be undertaken by the
eligible community under the strategic plan.
``(6) A description of how the strategic plan and the
projects to be undertaken by the eligible community will
facilitate the community's economic adjustment.
``(7) A description of the educational and training
programs available to workers in the eligible community and
the future employment needs of the community.
``(8) An assessment of the cost and timing of funds
required by the eligible community to implement the strategic
plan, including the method of financing to be used.
``(9) A strategy for continuing the economic adjustment of
the eligible community after the completion of the projects
described in paragraph (4).
``(c) Grants to Develop Strategic Plans.--
``(1) In general.--The Secretary, upon receipt of an
application from an eligible community, may award a grant to
the community to assist the community in developing a
strategic plan under subsection (a)(1). A grant awarded under
this paragraph shall not exceed 75 percent of the cost of
developing the strategic plan.
``(2) Funds to be used.--Of the funds appropriated pursuant
to section 277(c), the Secretary may make available not more
than $25,000,000 each fiscal year to provide grants to
eligible communities under paragraph (1).

``SEC. 277. GENERAL PROVISIONS.

``(a) Regulations.--
``(1) In general.--The Secretary shall prescribe such
regulations as are necessary to carry out the provisions of
this subchapter, including--
``(A) establishing specific guidelines for the submission
and evaluation of a strategic plan under section 276;
``(B) establishing specific guidelines for the submission
and evaluation of grant applications under section 275; and
``(C) administering the grant programs established under
sections 275 and 276.
``(2) Consultations.--The Secretary shall consult with the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives not less than 90
days prior to promulgating any final rule or regulation
pursuant to paragraph (1).
``(b) Personnel.--The Secretary shall designate such staff
as may be necessary to carry out the responsibilities
described in this subchapter.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary $150,000,000 for each of the fiscal years
2009 and 2010, and $37,500,000 for the period beginning
October 1, 2010, and ending December 31, 2010, to carry out
this subchapter.
``(2) Availability.--Amounts appropriated pursuant to this
subchapter--
``(A) shall be available to provide adjustment assistance
to communities that have petitioned or applied for assistance
pursuant to this chapter on or before December 31, 2010; and
``(B) shall otherwise remain available until expended.
``(3) Supplement not supplant.--Funds appropriated pursuant
to this subchapter shall be used to supplement and not
supplant other Federal, State, and local public funds
expended to provide economic development assistance for
communities.

``Subchapter B--Community College and Career Training Grant Program

``SEC. 278. COMMUNITY COLLEGE AND CAREER TRAINING GRANT
PROGRAM.

``(a) Grants Authorized.--
``(1) In general.--Beginning August 1, 2009, the Secretary
may award Community College and Career Training Grants to
eligible institutions for the purpose of developing,
offering, or improving educational or career training
programs for workers eligible for training under section 236.
``(2) Limitations.--An eligible institution may not be
awarded--
``(A) more than 1 grant under this section; or
``(B) a grant under this section in excess of $1,000,000.
``(b) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible
institution' means--
``(A) an institution described in section 203(a)(1)(B) of
the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2373(a)(1)(B)) or in section 101(b) of the
Higher Education Act of 1965 (20 U.S.C. 1001(b)); and
``(B) an institution described in section 236(a)(5)(H), but
only with respect to a program offered by the institution
that can be completed in not more than 2 years.
``(2) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(c) Grant Proposals.--
``(1) In general.--An eligible institution seeking to
receive a grant under this section shall submit a grant
proposal to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(2) Guidelines.--Not later than June 1, 2009, the
Secretary shall--
``(A) promulgate guidelines for the submission of grant
proposals under this section; and
``(B) publish and maintain such guidelines on the website
of the Department of Labor.
``(3) Assistance.--The Secretary shall offer assistance in
preparing a grant proposal to any eligible institution that
requests such assistance.
``(4) General requirements for grant proposals.--
``(A) In general.--A grant proposal submitted to the
Secretary under this section shall include a detailed
description of--
``(i) the specific project for which the grant proposal is
submitted, including the manner in which the grant will be
used to develop, offer, or improve an educational or career
training program that is suited to workers eligible for
training under section 236;
``(ii) the extent to which the project for which the grant
proposal is submitted will meet the educational or career
training needs of workers in the community served by the
eligible institution who are eligible for training under
section 236;
``(iii) the extent to which the project for which the grant
proposal is submitted fits within any overall strategic plan
developed by an eligible community under section 276;
``(iv) the extent to which the project for which the grant
proposal is submitted relates to any project funded by a
Sector Partnership Grant awarded under section 279A; and
``(v) any previous experience of the eligible institution
in providing educational or career training programs to
workers eligible for training under section 236.
``(B) Absence of experience.--The absence of any previous
experience in providing educational or career training
programs described in subparagraph (A)(iv) shall not
automatically disqualify an eligible institution from
receiving a grant under this section.
``(5) Community outreach required.--In order to be
considered by the Secretary, a grant proposal submitted by an
eligible institution under this section shall--
``(A) demonstrate that the eligible institution--
``(i) reached out to employers, and other entities
described in section 276(a)(2) to identify--

``(I) any shortcomings in existing educational and career
training opportunities available to workers in the community;
and
``(II) any future employment opportunities within the
community and the educational and career training skills
required for workers to meet the future employment demand;

``(ii) reached out to other similarly situated institutions
in an effort to benefit from any best practices that may be
shared with respect to providing educational or career
training programs to workers eligible for training under
section 236; and
``(iii) reached out to any eligible partnership in the
community that has sought or received Sector Partnership
Grants under section 279A to enhance the effectiveness of
each grant and avoid duplication of efforts; and
``(B) include a detailed description of--

[[Page S1730]]

``(i) the extent and outcome of the outreach conducted
under subparagraph (A);
``(ii) the extent to which the project for which the grant
proposal is submitted will contribute to meeting any
shortcomings identified under subparagraph (A)(i)(I) or any
educational or career training needs identified under
subparagraph (A)(i)(II); and
``(iii) the extent to which employers, including small- and
medium-sized enterprises within the community, have
demonstrated a commitment to employing workers who would
benefit from the project for which the grant proposal is
submitted.
``(d) Criteria for Award of Grants.--
``(1) In general.--Subject to the appropriation of funds,
the Secretary shall award a grant under this section based
on--
``(A) a determination of the merits of the grant proposal
submitted by the eligible institution to develop, offer, or
improve educational or career training programs to be made
available to workers eligible for training under section 236;
``(B) an evaluation of the likely employment opportunities
available to workers who complete an educational or career
training program that the eligible institution proposes to
develop, offer, or improve; and
``(C) an evaluation of prior demand for training programs
by workers eligible for training under section 236 in the
community served by the eligible institution, as well as the
availability and capacity of existing training programs to
meet future demand for training programs.
``(2) Priority for certain communities.--In awarding grants
under this section, the Secretary shall give priority to
eligible institutions that serve communities that the
Secretary of Commerce has determined under section 273 are
eligible to apply for assistance under subchapter A within
the 5-year period preceding the date on which the grant
proposals are submitted to the Secretary under this section.
``(3) Matching requirements.--A grant awarded under this
section may not be used to satisfy any private matching
requirement under any other provision of law.
``(e) Annual Report.--Not later than December 15 in each of
the calendar years 2009 through 2013, 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--
``(1) describing each grant awarded under this section
during the preceding fiscal year; and
``(2) assessing the impact of each award of a grant under
this section in a fiscal year preceding the fiscal year
referred to in paragraph (1) on workers receiving training
under section 236.

``SEC. 279. AUTHORIZATION OF APPROPRIATIONS.

``(a) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Labor
$40,000,000 for each of the fiscal years 2009 and 2010, and
$10,000,000 for the period beginning October 1, 2010 and
ending December 31, 2010, to fund the Community College and
Career Training Grant Program. Funds appropriated pursuant to
this section shall remain available until expended, except
that no such funds may be expended after December 31, 2010.
``(b) Supplement Not Supplant.--Funds appropriated pursuant
to this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to
support community college and career training programs.

``Subchapter C--Industry or Sector Partnership Grant Program for
Communities Impacted by Trade

``SEC. 279A. INDUSTRY OR SECTOR PARTNERSHIP GRANT PROGRAM FOR
COMMUNITIES IMPACTED BY TRADE.

``(a) Purpose.--The purpose of this subchapter is to
facilitate efforts by industry or sector partnerships to
strengthen and revitalize industries and create employment
opportunities for workers in communities impacted by trade.
``(b) Definitions.--In this subchapter:
``(1) Community impacted by trade.--The term `community
impacted by trade' has the meaning given that term in section
271.
``(2) Dislocated worker.--The term `dislocated worker'
means a worker who has been totally or partially separated,
or is threatened with total or partial separation, from
employment in an industry or sector in a community impacted
by trade.
``(3) Eligible partnership.--The term `eligible
partnership' means a voluntary partnership composed of public
and private persons, firms, or other entities within a
community impacted by trade, that shall include
representatives of--
``(A) an industry or sector within the community, including
an industry association;
``(B) local, county, or State government;
``(C) multiple firms in the industry or sector, including
small- and medium-sized firms, within the community;
``(D) local workforce investment boards established under
section 117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832);
``(E) labor organizations, including State labor
federations and labor-management initiatives, representing
workers in the community; and
``(F) educational institutions, local educational agencies,
or other training providers serving the community.
``(4) Lead entity.--The term `lead entity' means--
``(A) an entity designated by the eligible partnership to
be responsible for submitting a grant proposal under
subsection (e) and serving as the eligible partnership's
fiscal agent in expending any Sector Partnership Grant
awarded under this section; or
``(B) a State agency designated by the Governor of the
State to carry out the responsibilities described in
subparagraph (A).
``(5) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(6) Targeted industry or sector.--The term `targeted
industry or sector' means the industry or sector represented
by an eligible partnership.
``(c) Sector Partnership Grants Authorized.--Beginning on
August 1, 2009, and subject to the appropriation of funds,
the Secretary shall award Sector Partnership Grants to
eligible partnerships to assist the eligible partnerships in
carrying out projects, over periods of not more than 3 years,
to strengthen and revitalize industries and sectors and
create employment opportunities for dislocated workers.
``(d) Use of Sector Partnership Grants.--An eligible
partnership may use a Sector Partnership Grant to carry out
any project that the Secretary determines will further the
purpose of this subchapter, which may include--
``(1) identifying the skill needs of the targeted industry
or sector and any gaps in the available supply of skilled
workers in the community impacted by trade, and developing
strategies for filling the gaps, including by--
``(A) developing systems to better link firms in the
targeted industry or sector to available skilled workers;
``(B) helping firms in the targeted industry or sector to
obtain access to new sources of qualified job applicants;
``(C) retraining dislocated and incumbent workers; or
``(D) facilitating the training of new skilled workers by
aligning the instruction provided by local suppliers of
education and training services with the needs of the
targeted industry or sector;
``(2) analyzing the skills and education levels of
dislocated and incumbent workers and developing training to
address skill gaps that prevent such workers from obtaining
jobs in the targeted industry or sector;
``(3) helping firms, especially small- and medium-sized
firms, in the targeted industry or sector increase their
productivity and the productivity of their workers;
``(4) helping such firms retain incumbent workers;
``(5) developing learning consortia of small- and medium-
sized firms in the targeted industry or sector with similar
training needs to enable the firms to combine their purchases
of training services, and thereby lower their training costs;
``(6) providing information and outreach activities to
firms in the targeted industry or sector regarding the
activities of the eligible partnership and other local
service suppliers that could assist the firms in meeting
needs for skilled workers;
``(7) seeking, applying, and disseminating best practices
learned from similarly situated communities impacted by trade
in the development and implementation of economic growth and
revitalization strategies; and
``(8) identifying additional public and private resources
to support the activities described in this subsection, which
may include the option to apply for a community grant under
section 275 or a Community College and Career Training Grant
under section 278 (subject to meeting any additional
requirements of those sections).
``(e) Grant Proposals.--
``(1) In general.--The lead entity of an eligible
partnership seeking to receive a Sector Partnership Grant
under this section shall submit a grant proposal to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) General requirements of grant proposals.--A grant
proposal submitted under paragraph (1) shall, at a minimum--
``(A) identify the members of the eligible partnership;
``(B) identify the targeted industry or sector for which
the eligible partnership intends to carry out projects using
the Sector Partnership Grant;
``(C) describe the goals that the eligible partnership
intends to achieve to promote the targeted industry or
sector;
``(D) describe the projects that the eligible partnership
will undertake to achieve such goals;
``(E) demonstrate that the eligible partnership has the
organizational capacity to carry out the projects described
in subparagraph (D);
``(F) explain--
``(i) whether--

``(I) the community impacted by trade has sought or
received a community grant under section 275;
``(II) an eligible institution in the community has sought
or received a Community College and Career Training Grant
under section 278; or
``(III) any other entity in the community has received
funds pursuant to any other federally funded training
project; and

``(ii) how the eligible partnership will coordinate its use
of a Sector Partnership

[[Page S1731]]

Grant with the use of such other grants or funds in order to
enhance the effectiveness of each grant and any such funds
and avoid duplication of efforts; and
``(G) include performance measures, developed based on the
performance measures issued by the Secretary under subsection
(g)(2), and a timeline for measuring progress toward
achieving the goals described in subparagraph (C).
``(f) Award of Grants.--
``(1) Upon application by the lead entity of an eligible
partnership, the Secretary may award a Sector Partnership
Grant to the eligible partnership to assist the partnership
in carrying out any of the projects in the grant proposal
that the Secretary determines will further the purposes of
this subchapter.
``(2) An eligible partnership may not be awarded--
``(A) more than 1 Sector Partnership Grant; or
``(B) a total grant award under this subchapter in excess
of--
``(i) except as provided in clause (ii), $2,500,000; or
``(ii) in the case of an eligible partnership located
within a community impacted by trade that is not served by an
institution receiving a Community College and Career Training
Grant under section 278, $3,000,000.
``(g) Administration by the Secretary.--
``(1) Technical assistance and oversight.--
``(A) In general.--The Secretary shall provide technical
assistance to, and oversight of, the lead entity of an
eligible partnership in applying for and administering Sector
Partnership Grants awarded under this section.
``(B) Technical assistance.--Technical assistance provided
under subparagraph (A) shall include providing conferences
and such other methods of collecting and disseminating
information on best practices developed by eligible
partnerships as the Secretary determines appropriate.
``(C) Grants or contracts for technical assistance.--The
Secretary may award a grant or contract to 1 or more national
or State organizations to provide technical assistance to
foster the planning, formation, and implementation of
eligible partnerships.
``(2) Performance measures.--The Secretary shall issue a
range of performance measures, with quantifiable benchmarks,
and methodologies that eligible partnerships may use to
measure progress toward the goals described in subsection
(e). In developing such measures, the Secretary shall
consider the benefits of the eligible partnership and its
activities for workers, firms, industries, and communities.
``(h) Reports.--
``(1) Progress report.--Not later than 1 year after
receiving a Sector Partnership Grant, and 3 years thereafter,
the lead entity shall submit to the Secretary, on behalf of
the eligible partnership, a report containing--
``(A) a detailed description of the progress made toward
achieving the goals described in subsection (e)(2)(C), using
the performance measures required under subsection (e)(2)(G);
``(B) a detailed evaluation of the impact of the grant
award on workers and employers in the community impacted by
trade; and
``(C) a detailed description of all expenditures of funds
awarded to the eligible partnership under the Sector
Partnership Grant approved by the Secretary under this
subchapter.
``(2) Annual report.--Not later than December 15 in each of
the calendar years 2009 through 2013, 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--
``(A) describing each Sector Partnership Grant awarded to
an eligible partnership during the preceding fiscal year; and
``(B) assessing the impact of each Sector Partnership Grant
awarded in a fiscal year preceding the fiscal year referred
to in subparagraph (A) on workers and employers in
communities impacted by trade.

``SEC. 279B. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.--There are authorized to be appropriated
to the Secretary of Labor $40,000,000 for each of the fiscal
years 2009 and 2010, and $10,000,000 for the period beginning
October 1, 2010, and ending December 31, 2010, to carry out
the Sector Partnership Grant program under section 279A.
Funds appropriated pursuant to this section shall remain
available until expended, except that no such funds may be
expended after December 31, 2010.
``(b) Supplement Not Supplant.--Funds appropriated pursuant
to this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to
support the economic development of local communities.
``(c) Administrative Costs.--The Secretary may retain not
more than 5 percent of the funds appropriated pursuant to the
authorization of appropriations under this section for each
fiscal year to administer the Sector Partnership Grant
program under section 279A.

``Subchapter D--General Provisions

``SEC. 279C. RULE OF CONSTRUCTION.

``Nothing in this title prevents a worker from receiving
trade adjustment assistance under chapter 2 of this title at
the same time the worker is receiving assistance in any
manner from--
``(1) a community receiving a community grant under
subchapter A;
``(2) an eligible institution receiving a Community College
and Career Training Grant under subchapter B; or
``(3) an eligible partnership receiving a Sector
Partnership Grant under subchapter C.''.

SEC. 1773. CONFORMING AMENDMENTS.

(a) Table of Contents.--The table of contents of the Trade
Act of 1974 is amended by striking the items relating to
chapter 4 of title II and inserting the following:

``Chapter 4--Trade Adjustment Assistance for Communities

``Subchapter A--Trade Adjustment Assistance for Communities

``Sec. 271. Definitions.
``Sec. 272. Establishment of trade adjustment assistance for
communities program.
``Sec. 273. Eligibility; notification.
``Sec. 274. Technical assistance.
``Sec. 275. Grants for eligible communities.
``Sec. 276. Strategic plans.
``Sec. 277. General provisions.

``Subchapter B--Community College and Career Training Grant Program

``Sec. 278. Community college and career training grant program.
``Sec. 279. Authorization of appropriations.

``Subchapter C--Industry or Sector Partnership Grant Program for
Communities Impacted by Trade

``Sec. 279A. Industry or sector partnership grant program for
communities impacted by trade.
``Sec. 279B. Authorization of appropriations.

``Subchapter D--General Provisions

``Sec. 279C. Rule of construction.''
(b) Judicial Review.--
(1) Section 284(a) of the Trade Act of 1974 (19 U.S.C.
2395(a)) is amended--
(A) by inserting ``or 296'' after ``section 293'';
(B) by striking ``or any other interested domestic party''
and inserting ``or authorized representative of a
community''; and
(C) by striking ``section 271'' and inserting ``section
273''.
(2) Section 1581(d) of title 28, United States Code, is
amended--
(A) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (3)--
(i) by striking ``271'' and inserting ``273''; and
(ii) by striking the period and inserting ``; and''; and
(C) by adding at the end the following:
``(4) any final determination of the Secretary of
Agriculture under section 293 or 296 of the Trade Act of 1974
(19 U.S.C. 2401b) with respect to the eligibility of a group
of agricultural commodity producers for adjustment assistance
under such Act.''.

PART IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

SEC. 1781. DEFINITIONS.

Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) Agricultural commodity.--The term `agricultural
commodity' means--
``(A) any agricultural commodity (including livestock) in
its raw or natural state; and
``(B) any class of goods within an agricultural
commodity.'';
(2) by amending paragraph (2) to read as follows:
``(2) Agricultural commodity producer.--The term
`agricultural commodity producer' means--
``(A) a person that shares in the risk of producing an
agricultural commodity and that is entitled to a share of the
commodity for marketing, including an operator, a
sharecropper, or a person that owns or rents the land on
which the commodity is produced; or
``(B) a person that reports gain or loss from the trade or
business of fishing on the person's annual Federal income tax
return for the taxable year that most closely corresponds to
the marketing year with respect to which a petition is filed
under section 292.''; and
(3) by adding at the end the following:
``(7) Marketing year.--The term `marketing year' means--
``(A) a marketing year designated by the Secretary with
respect to an agricultural commodity; or
``(B) in the case of an agricultural commodity with respect
to which the Secretary does not designate a marketing year, a
calendar year.''.

SEC. 1782. ELIGIBILITY.

(a) In General.--Section 292 of the Trade Act of 1974 (19
U.S.C. 2401a) is amended by striking subsections (c) through
(e) and inserting the following:
``(c) Group Eligibility Requirements.--The Secretary shall
certify a group of agricultural commodity producers as
eligible to apply for adjustment assistance under this
chapter if the Secretary determines that--
``(1)(A) the national average price of the agricultural
commodity produced by the group during the most recent
marketing year for which data are available is less than 85
percent of the average of the national average price for the
commodity in the 3 marketing years preceding such marketing
year;
``(B) the quantity of production of the agricultural
commodity produced by the group during such marketing year is
less than 85 percent of the average of the quantity of
production of the commodity produced by the group in the 3
marketing years preceding such marketing year;

[[Page S1732]]

``(C) the value of production of the agricultural commodity
produced by the group during such marketing year is less than
85 percent of the average value of production of the
commodity produced by the group in the 3 marketing years
preceding such marketing year; or
``(D) the cash receipts for the agricultural commodity
produced by the group during such marketing year are less
than 85 percent of the average of the cash receipts for the
commodity produced by the group in the 3 marketing years
preceding such marketing year;
``(2) the volume of imports of articles like or directly
competitive with the agricultural commodity produced by the
group in the marketing year with respect to which the group
files the petition increased compared to the average volume
of such imports during the 3 marketing years preceding such
marketing year; and
``(3) the increase in such imports contributed importantly
to the decrease in the national average price, quantity of
production, or value of production of, or cash receipts for,
the agricultural commodity, as described in paragraph (1).
``(d) Eligibility of Certain Other Producers.--An
agricultural commodity producer or group of producers that
resides outside of the State or region identified in the
petition filed under subsection (a) may file a request to
become a party to that petition not later than 15 days after
the date the notice is published in the Federal Register
under subsection (a) with respect to that petition.
``(e) Treatment of Classes of Goods Within a Commodity.--In
any case in which there are separate classes of goods within
an agricultural commodity, the Secretary shall treat each
class as a separate commodity in determining under subsection
(c)--
``(1) group eligibility;
``(2) the national average price, quantity of production,
or value of production, or cash receipts; and
``(3) the volume of imports.''.
(b) Conforming Amendments.--Section 293 of the Trade Act of
1974 (19 U.S.C. 2401b) is amended--
(1) in subsection (a), by striking ``section 292 (c) or
(d), as the case may be,'' and inserting ``section 292(c)'';
and
(2) in subsection (c), by striking ``decline in price for''
and inserting ``decrease in the national average price,
quantity of production, or value of production of, or cash
receipts for,''.

SEC. 1783. BENEFITS.

(a) In General.--Section 296 of the Trade Act of 1974 (19
U.S.C. 2401e) is amended to read as follows:

``SEC. 296. QUALIFYING REQUIREMENTS AND BENEFITS FOR
AGRICULTURAL COMMODITY PRODUCERS.

``(a) In General.--
``(1) Requirements.--
``(A) In general.--Benefits under this chapter shall be
available to an agricultural commodity producer covered by a
certification under this chapter who files an application for
such benefits not later than 90 days after the date on which
the Secretary makes a determination and issues a
certification of eligibility under section 293, if the
producer submits to the Secretary sufficient information to
establish that--
``(i) the producer produced or harvested the agricultural
commodity covered by the application filed under this
subsection in the marketing year with respect to which the
petition is filed and in at least 1 of the 3 marketing years
preceding that marketing year;
``(ii)(I) there has been a decrease in the amount of the
agricultural commodity produced by the producer based on the
amount of the agricultural commodity that was produced by the
producer in the marketing year with respect to which the
petition is filed and the most recent marketing year
preceding that marketing year for which data are available;
or
``(II) there has been a decrease in the price of the
agricultural commodity based on--

``(aa) the price received for the agricultural commodity by
the producer during the marketing year with respect to which
the petition is filed and the average price for the commodity
received by the producer in the 3 marketing years preceding
that marketing year; or
``(bb) the county level price maintained by the Secretary
for the agricultural commodity on the date on which the
petition is filed and the average county level price for the
commodity in the 3 marketing years preceding the date on
which the petition is filed; and

``(iii) the producer is not receiving--

``(I) cash benefits under chapter 2 or 3; or
``(II) benefits based on the production of an agricultural
commodity covered by another petition filed under this
chapter.

``(B) Special rule with respect to crops not grown every
year.--For purposes of subparagraph (A)(ii)(II)(aa), if a
petition is filed with respect to an agricultural commodity
that is not produced by the producer every year, an
agricultural commodity producer producing that commodity may
establish the average price received for the commodity by the
producer in the 3 marketing years preceding the year with
respect to which the petition is filed by using average price
data for the 3 most recent marketing years in which the
producer produced the commodity and for which data are
available.
``(2) Limitations based on adjusted gross income.--
``(A) In general.--Notwithstanding any other provision of
this chapter, an agricultural commodity producer shall not be
eligible for assistance under this chapter in any year in
which the average adjusted gross income (as defined in
section 1001D(a) of the Food Security Act of 1985 (7 U.S.C.
1308-3a(a)) of the producer exceeds the level set forth in
subparagraph (A) or (B) of section 1001D(b)(1) of the Food
Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)), whichever is
applicable.
``(B) Demonstration of compliance.--An agricultural
commodity producer shall provide to the Secretary such
information as the Secretary determines necessary to
demonstrate that the producer is in compliance with the
limitation under subparagraph (A).
``(C) Counter-cyclical and acre payments.--The total amount
of payments made to an agricultural commodity producer under
this chapter during any crop year may not exceed the
limitations on payments set forth in subsections (b)(2),
(b)(3), (c)(2), and (c)(3) of section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308).
``(b) Technical Assistance.--
``(1) Initial technical assistance.--
``(A) In general.--An agricultural commodity producer that
files an application and meets the requirements under
subsection (a)(1) shall be entitled to receive initial
technical assistance designed to improve the competitiveness
of the production and marketing of the agricultural commodity
with respect to which the producer was certified under this
chapter. Such assistance shall include information
regarding--
``(i) improving the yield and marketing of that
agricultural commodity; and
``(ii) the feasibility and desirability of substituting one
or more alternative agricultural commodities for that
agricultural commodity.
``(B) Transportation and subsistence expenses.--
``(i) In general.--The Secretary may authorize supplemental
assistance necessary to defray reasonable transportation and
subsistence expenses incurred by an agricultural commodity
producer in connection with initial technical assistance
under subparagraph (A) if such assistance is provided at
facilities that are not within normal commuting distance of
the regular place of residence of the producer.
``(ii) Exceptions.--The Secretary may not authorize
payments to an agricultural commodity producer under clause
(i)--

``(I) for subsistence expenses that exceed the lesser of--

``(aa) the actual per diem expenses for subsistence
incurred by a producer; or
``(bb) the prevailing per diem allowance rate authorized
under Federal travel regulations; or

``(II) for travel expenses that exceed the prevailing
mileage rate authorized under the Federal travel regulations.

``(2) Intensive technical assistance.--A producer that has
completed initial technical assistance under paragraph (1)
shall be eligible to participate in intensive technical
assistance. Such assistance shall consist of--
``(A) a series of courses to further assist the producer in
improving the competitiveness of the producer in producing--
``(i) the agricultural commodity with respect to which the
producer was certified under this chapter; or
``(ii) another agricultural commodity; and
``(B) assistance in developing an initial business plan
based on the courses completed under subparagraph (A).
``(3) Initial business plan.--
``(A) Approval by secretary.--The Secretary shall approve
an initial business plan developed under paragraph (2)(B) if
the plan--
``(i) reflects the skills gained by the producer through
the courses described in paragraph (2)(A); and
``(ii) demonstrates how the producer will apply those
skills to the circumstances of the producer.
``(B) Financial assistance for implementing initial
business plan.--Upon approval of the producer's initial
business plan by the Secretary under subparagraph (A), a
producer shall be entitled to an amount not to exceed $4,000
to--
``(i) implement the initial business plan; or
``(ii) develop a long-term business adjustment plan under
paragraph (4).
``(4) Long-term business adjustment plan.--
``(A) In general.--A producer that has completed intensive
technical assistance under paragraph (2) and whose initial
business plan has been approved under paragraph (3)(A) shall
be eligible for, in addition to the amount under subparagraph
(C), assistance in developing a long-term business adjustment
plan.
``(B) Approval of long-term business adjustment plans.--The
Secretary shall approve a long-term business adjustment plan
developed under subparagraph (A) if the Secretary determines
that the plan--
``(i) includes steps reasonably calculated to materially
contribute to the economic adjustment of the producer to
changing market conditions;
``(ii) takes into consideration the interests of the
workers employed by the producer; and
``(iii) demonstrates that the producer will have sufficient
resources to implement the business plan.
``(C) Plan implementation.--Upon approval of the producer's
long-term business adjustment plan under subparagraph (B), a

[[Page S1733]]

producer shall be entitled to an amount not to exceed $8,000
to implement the long-term business adjustment plan.
``(c) Maximum Amount of Assistance.--An agricultural
commodity producer may receive not more than $12,000 under
paragraphs (3) and (4) of subsection (b) in the 36-month
period following certification under section 293.
``(d) Limitations on Other Assistance.--An agricultural
commodity producer that receives benefits under this chapter
(other than initial technical assistance under subsection
(b)(1)) shall not be eligible for cash benefits under chapter
2 or 3.''.
(b) Clerical Amendment.--The table of contents of the Trade
Act of 1974 is amended by striking the item relating to
section 296 and inserting the following:

``Sec. 296. Qualifying requirements and benefits for agricultural
commodity producers.''.

SEC. 1784. REPORT.

Section 293 of the Trade Act of 1974 (19 U.S.C. 2401b) is
amended by adding at the end the following:
``(d) Report by the Secretary.--Not later than January 30,
2010, and annually thereafter, the Secretary of Agriculture
shall submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives a report containing the following information
with respect to adjustment assistance provided under this
chapter during the preceding fiscal year:
``(1) A list of the agricultural commodities covered by a
certification under this chapter.
``(2) The States or regions in which such commodities are
produced and the aggregate amount of such commodities
produced in each such State or region.
``(3) The total number of agricultural commodity producers,
by congressional district, receiving benefits under this
chapter.
``(4) The total number of agricultural commodity producers,
by congressional district, receiving technical assistance
under this chapter.''.

SEC. 1785. FRAUD AND RECOVERY OF OVERPAYMENTS.

Section 297(a)(1) of the Trade Act of 1974 (19 U.S.C.
2401f(a)(1)) is amended by inserting ``or has expended funds
received under this chapter for a purpose that was not
approved by the Secretary,'' after ``entitled,''.

SEC. 1786. DETERMINATION OF INCREASES OF IMPORTS FOR CERTAIN
FISHERMEN.

Notwithstanding any other provision of law, for purposes of
chapters 2 and 6 of title II of the Trade Act of 1974 (19
U.S.C. 2251 et seq.), in the case of an agricultural
commodity producer that--
(1) is a fisherman or aquaculture producer, and
(2) is otherwise eligible for adjustment assistance under
chapter 2 or 6, as the case may be,

the increase in imports of articles like or directly
competitive with the agricultural commodity produced by such
producer may be based on imports of wild-caught seafood,
farm-raised seafood, or both.

SEC. 1787. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR
FARMERS.

Section 298(a) of the Trade Act of 1974 (19 U.S.C.
2401g(a)) is amended by striking ``fiscal years 2003 through
2007'' and all that follows through the end period and
inserting ``fiscal years 2009 and 2010 and $22,500,000 for
the period beginning October 1, 2010, and ending December 31,
2010, to carry out the purposes of this chapter, including
administrative costs, and salaries and expenses of employees
of the Department of Agriculture.''.

PART V--GENERAL PROVISIONS

SEC. 1791. EFFECTIVE DATE.

(a) In General.--Except as otherwise provided in this
subtitle, and subsection (b) of this section, this subtitle
and the amendments made by this subtitle--
(1) shall take effect upon the expiration of the 90-day
period beginning on the date of the enactment of this Act;
and
(2) shall apply to--
(A) petitions for certification filed under chapter 2, 3,
or 6 of title II of the Trade Act of 1974 on or after the
effective date described in paragraph (1); and
(B) petitions for assistance filed under chapter 4 of title
II of the Trade Act of 1974 on or after such effective date.
(b) Certifications Made Before Effective Date.--
Notwithstanding subsection (a)--
(1) a worker shall continue to receive (or be eligible to
receive) trade adjustment assistance and other benefits under
subchapter B of chapter 2 of title II of the Trade Act of
1974, as in effect on the day before the effective date
described in subsection (a)(1), for any week for which the
worker meets the eligibility requirements of such chapter 2
as in effect on the day before such effective date, if the
worker--
(A) is certified as eligible for trade adjustment
assistance benefits under such chapter 2 pursuant to a
petition filed under section 221 of the Trade Act of 1974 on
or before such effective date; and
(B) would otherwise be eligible to receive trade adjustment
assistance benefits under such chapter as in effect on the
day before such effective date;
(2) a worker shall continue to receive (or be eligible to
receive) benefits under section 246(a)(2) of the Trade Act of
1974, as in effect on the day before the effective date
described in subsection (a)(1), for such period for which the
worker meets the eligibility requirements of section 246 of
that Act as in effect on the day before such effective date,
if the worker--
(A) is certified as eligible for benefits under such
section 246 pursuant to a petition filed under section 221 of
the Trade Act of 1974 on or before such effective date; and
(B) would otherwise be eligible to receive benefits under
such section 246(a)(2) as in effect on the day before such
effective date; and
(3) a firm shall continue to receive (or be eligible to
receive) adjustment assistance under chapter 3 of title II of
the Trade Act if 1974, as in effect on the day before the
effective date described in subsection (a)(1), for such
period for which the firm meets the eligibility requirements
of such chapter 3 as in effect on the day before such
effective date, if the firm--
(A) is certified as eligible for benefits under such
chapter 3 pursuant to a petition filed under section 251 of
the Trade Act of 1974 on or before such effective date; and
(B) would otherwise be eligible to receive benefits under
such chapter 3 as in effect on the day before such effective
date.

SEC. 1792. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAMS.

(a) For Workers.--Section 245(a) of the Trade Act of 1974
(19 U.S.C. 2317(a)) is amended by striking ``December 31,
2007'' and inserting ``December 31, 2010''.
(b) Termination.--Section 285 of the Trade Act of 1974 (19
U.S.C. 2271 note prec.) is amended--
(1) by striking ``December 31, 2007'' each place it appears
(other than subsection (b)(1)) and inserting ``December 31,
2010''; and
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Assistance for firms.--
``(A) In general.--Except as provided in subparagraph (B),
technical assistance and grants may not be provided under
chapter 3 after December 31, 2010.
``(B) Exception.--Notwithstanding subparagraph (A), any
technical assistance or grant approved under chapter 3 on or
before December 31, 2010, may be provided--
``(i) to the extent funds are available pursuant to such
chapter for such purpose; and
``(ii) to the extent the recipient of the technical
assistance or grant is otherwise eligible to receive such
technical assistance or grant, as the case may be.''; and
(B) by adding at the end the following:
``(3) Assistance for communities.--
``(A) In general.--Except as provided in subparagraph (B),
technical assistance and grants may not be provided under
chapter 4 after December 31, 2010.
``(B) Exception.--Notwithstanding subparagraph (A), any
technical assistance or grant approved under chapter 4 on or
before December 31, 2010, may be provided--
``(i) to the extent funds are available pursuant to such
chapter for such purpose; and
``(ii) to the extent the recipient of the technical
assistance or grant is otherwise eligible to receive such
technical assistance or grant, as the case may be.''.

SEC. 1793. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

Not later than September 30, 2012, the Comptroller General
of the United States shall prepare and submit to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives a comprehensive
report on the operation and effectiveness of the amendments
made by this subtitle to chapters 2, 3, 4, and 6 of the Trade
Act of 1974.

SEC. 1794. EMERGENCY DESIGNATION.

Amounts appropriated pursuant to this subtitle are
designated as an emergency requirement and necessary to meet
emergency needs pursuant to section 204(a) of S. Con. Res. 21
(110th Congress) and section 301(b)(2) of S. Con. Res. 70
(110th Congress), the concurrent resolutions on the budget
for fiscal years 2008 and 2009.

PART VI--HEALTH COVERAGE IMPROVEMENT

SEC. 1799. SHORT TITLE.

This part may be cited as the ``TAA Health Coverage
Improvement Act of 2009''.

SEC. 1799A. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.

(a) Improvement of Affordability.--
(1) In general.--Section 35(a) of the Internal Revenue Code
of 1986 (relating to credit for health insurance costs of
eligible individuals) is amended by striking ``65'' and
inserting ``80''.
(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 ``80''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning on or after the first
day of the first month beginning 60 days after the date of
the enactment of this Act.

SEC. 1799B. PAYMENT FOR MONTHLY PREMIUMS PAID PRIOR TO
COMMENCEMENT OF ADVANCE PAYMENTS OF CREDIT.

(a) Payment for Premiums Due Prior to Commencement of
Advance Payments of Credit.--Section 7527 of the Internal
Revenue Code of 1986 (relating to advance payment of credit
for health insurance costs of eligible individuals) is
amended by adding at the end the following new subsection:
``(e) Payment for Premiums Due Prior to Commencement of
Advance Payments.--
``(1) In general.--The program established under subsection
(a) shall provide that the

[[Page S1734]]

Secretary shall make 1 or more retroactive payments on behalf
of a certified individual in an aggregate amount equal to 80
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 first month for which an advance
payment is made on behalf of such individual under subsection
(a).
``(2) Reduction of payment for amounts received under
national emergency grants.--The amount of any payment
determined under paragraph (1) shall be reduced by the amount
of any payment made to the taxpayer for the purchase of
qualified health insurance under a national emergency grant
pursuant to section 173(f) of the Workforce Investment Act of
1998 for a taxable year including the eligible coverage
months described in paragraph (1).''.
(b) Effective Date.--The amendments made by this section
shall apply to eligible coverage months beginning on the date
that is 9 months after the date of the enactment of this Act,
in taxable years ending after such date.

SEC. 1799C. 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 to read as follows:
``(2) Eligible taa recipient.--The term `eligible TAA
recipient' means, with respect to any month, any individual
who--
``(A) is receiving for any day of such month a trade
adjustment allowance under chapter 2 of title II of the Trade
Act of 1974,
``(B) would be eligible to receive such allowance except
that such individual is in a break in training provided under
a training program approved under section 236 of such Act
that exceeds the period specified in section 233(e) of such
Act, but is within the period for receiving such allowances
provided under section 233(a) of such Act, or
``(C) is receiving unemployment compensation (as defined in
section 85(b)) for such month and who would be eligible to
receive such allowance for such month if section 231 of such
Act were applied without regard to subsections (a)(3)(B) and
(a)(5) thereof.

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

SEC. 1799D. 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:
``(D) TAA-eligible individuals.--
``(i) TAA pre-certification period rule.--In the case of a
TAA-eligible individual, the period beginning on the date the
individual has a TAA-related loss of coverage and ending on
the date which is 5 days after the date of the issuance by
the Secretary (or by any person or entity designated by the
Secretary) of a qualified health insurance costs credit
eligibility certificate for such individual for purposes of
section 7527 shall not be taken into account in determining
the continuous period under subparagraph (A).
``(ii) Definitions.--The terms `TAA-eligible individual',
and `TAA-related loss of coverage' have the meanings given
such terms in section 4980B(f)(5)(C)(iv).''.
(b) 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 new
subparagraph:
``(C) TAA-eligible individuals.--
``(i) TAA pre-certification period rule.--In the case of a
TAA-eligible individual, the period beginning on the date the
individual has a TAA-related loss of coverage and ending on
the date that is 5 days after the date of the issuance by the
Secretary (or by any person or entity designated by the
Secretary) of a qualified health insurance costs credit
eligibility certificate for such individual for purposes of
section 7527 of the Internal Revenue Code of 1986 shall not
be taken into account in determining the continuous period
under subparagraph (A).
``(ii) Definitions.--The terms `TAA-eligible individual',
and `TAA-related loss of coverage' have the meanings given
such terms in section 605(b)(4).''.
(c) 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 new subparagraph:
``(C) TAA-eligible individuals.--
``(i) TAA pre-certification period rule.--In the case of a
TAA-eligible individual, the period beginning on the date the
individual has a TAA-related loss of coverage and ending on
the date that is 5 days after the date of the issuance by the
Secretary (or by any person or entity designated by the
Secretary) of a qualified health insurance costs credit
eligibility certificate for such individual for purposes of
section 7527 of the Internal Revenue Code of 1986 shall not
be taken into account in determining the continuous period
under subparagraph (A).
``(ii) Definitions.--The terms `TAA-eligible individual',
and `TAA-related loss of coverage' have the meanings given
such terms in section 2205(b)(4).''.
(d) Effective Date.--The amendments made by this section
shall apply to plan years beginning after the date of the
enactment of this Act.

SEC. 1799E. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER
CERTAIN EVENTS.

(a) In General.--Subsection (g) of section 35 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraph (9) as paragraph (10) and inserting after paragraph
(8) the following new paragraph:
``(9) Continued qualification of family members after
certain events.--
``(A) Eligible individual becomes medicare eligible.--In
the case of a month which would be an eligible coverage month
with respect to an eligible individual described in
subparagraph (A) or (B) of subsection (c)(1) 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.
``(B) Divorce.--In the case of a month which would be an
eligible coverage month with respect to a former spouse of a
taxpayer but for the finalization of a divorce between the
spouse and the taxpayer that occurs during the period in
which the taxpayer is an eligible individual, such month
shall be treated as an eligible coverage month with respect
to such former spouse.
``(C) Death.--In the case of a month which 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 any qualifying family
member of such eligible individual.''.
(b) Conforming Amendment.--Section 173(f) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(f)) is amended by
adding at the end the following new paragraph:
``(8) Continued qualification of family members after
certain events.--
``(A) Eligible individual becomes medicare eligible.--In
the case of a month which would be an eligible coverage month
with respect to an eligible individual described in
subparagraph (A) or (B) of paragraph (4) 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.
``(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.
``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.''.
(c) Effective Date.--The amendments made by this section
shall apply to months beginning after December 31, 2009.

SEC. 1799F. 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--
(1) in the subparagraph heading, by inserting ``and
coverage'' after ``election''; and
(2) in clause (ii)--
(A) in the clause heading, by inserting ``and period''
after ``Commencement''; and
(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.''.
(b) ERISA.--Section 605(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1165(b)) is amended--
(1) in the subsection heading, by inserting ``and
Coverage'' after ``Election''; and
(2) in paragraph (2)--
(A) in the paragraph heading, by inserting ``and period''
after ``Commencement''; and
(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.''.
(c) Public Health Service Act.--Section 2205(b) of the
Public Health Service Act (42 U.S.C. 300bb-5(b)) is amended--
(1) in the subsection heading, by inserting ``and
Coverage'' after ``Election''; and
(2) in paragraph (2)--
(A) in the paragraph heading, by inserting ``and period''
after ``Commencement''; and
(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

[[Page S1735]]

than the period during which the individual is a TAA-eligible
individual.''.

SEC. 1799G. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES'
BENEFICIARY ASSOCIATIONS.

Paragraph (1) of section 35(e) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subparagraph:
``(K) Coverage under 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 section 1114 of title 11,
United States Code.''.

SEC. 1799H. NOTICE REQUIREMENTS.

(a) In General.--Subsection (d) of section 7527 of the
Internal Revenue Code of 1986 (relating to qualified health
insurance costs credit eligibility certificate) is amended to
read as follows:
``(d) Qualified Health Insurance Costs Eligibility
Certificate.--
``(1) In general.--For purposes of this section, the term
`qualified health insurance costs eligibility certificate'
means any written statement that an individual is an eligible
individual (as defined in section 35(c)) if such statement
provides the information described in paragraph (2) and--
``(A) in the case of an eligible TAA recipient (as defined
in section 35(c)(2)) or an eligible alternative TAA recipient
(as defined in section 35(c)(3)), is certified by the
Secretary of Labor (or by any other person or entity
designated by the Secretary), or
``(B) in the case of an eligible PBGC pension recipient (as
defined in section 35(c)(4)), is certified by the Pension
Benefit Guaranty Corporation (or by any other person or
entity designated by the Secretary).
``(2) Inclusion of certain information.--The qualified
health insurance costs credit eligibility certificate
described in paragraph (1) with respect to an eligible
individual shall include--
``(A) the name, address, and telephone number of the State
office or offices responsible for providing the individual
with assistance with enrollment in qualified health insurance
(as defined in section 35(e)),
``(B) a list of the coverage options that are treated as
qualified health insurance (as so defined) by the State in
which the individual resides,
``(C) 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 the issuance of such certificate
to enroll in such insurance without a lapse in creditable
coverage (as defined in section 9801(c)), and
``(D) such other information as the Secretary may
require.''.
(b) Effective Date.--The amendment made by this section
shall apply to certificates issued after the date that is 6
months after the date of the enactment of this Act.

SEC. 1799I. SURVEY AND REPORT ON ENHANCED HEALTH COVERAGE TAX
CREDIT PROGRAM.

(a) Survey.--
(1) In general.--The Secretary of the Treasury shall
conduct a biennial survey of eligible individuals (as defined
in section 35(c) of the Internal Revenue Code of 1986)
relating to the health coverage tax credit under section 35
of the Internal Revenue Code of 1986 (hereinafter in this
section referred to as the ``health coverage tax credit'').
(2) Information obtained.--The survey conducted under
subsection (a) shall obtain the following information:
(A) HCTC participants.--In the case of eligible individuals
receiving the health coverage tax credit (including
individuals participating in the health coverage tax credit
program under section 7527 of such Code, hereinafter in this
section referred to as the ``HCTC program'')--
(i) demographic information of such individuals, including
income and education levels,
(ii) satisfaction of such individuals with the enrollment
process in the HCTC program,
(iii) satisfaction of such individuals with available
health coverage options under the credit, including level of
premiums, benefits, deductibles, cost-sharing requirements,
and the adequacy of provider networks, and
(iv) any other information that the Secretary determines is
appropriate.
(B) Non-HCTC participants.--In the case of eligible
individuals not receiving the health coverage tax credit--
(i) demographic information of each individual, including
income and education levels,
(ii) whether the individual was aware of the health
coverage tax credit or the HCTC program,
(iii) the reasons the individual has not enrolled in the
HCTC program, including whether such reasons include the
burden of the process of enrollment and the affordability of
coverage,
(iv) whether the individual has health insurance coverage,
and, if so, the source of such coverage, and
(v) any other information that the Secretary determines is
appropriate.
(3) Report.--Not later than December 31 of each year in
which a survey is conducted under paragraph (1) (beginning in
2010), the Secretary of the Treasury 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 findings of the most recent
survey conducted under subsection (a).
(b) Report.--Not later than October 1 of each year
(beginning in 2010), the Secretary of the Treasury (after
consultation with the Secretary of Labor, in the case of the
information required under paragraph (7)) 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:
(1) In each State and nationally--
(A) the total number of eligible individuals (as defined in
section 35(c) of the Internal Revenue Code of 1986) and the
number of eligible individuals receiving the health coverage
tax credit,
(B) the total number of such eligible individuals who
receive an advance payment of the health coverage tax credit
through the HCTC program,
(C) the average length of the time period of the
participation of eligible individuals in the HCTC program,
and
(D) the total number of participating eligible individuals
in the HCTC program who are enrolled in each category of
coverage as described in section 35(e)(1) of such Code,

with respect to each category of eligible individuals
described in section 35(c)(1) of such Code.
(2) In each State and nationally, an analysis of--
(A) the range of monthly health insurance premiums, for
self-only coverage and for family coverage, for individuals
receiving the health coverage tax credit, and
(B) the average and median monthly health insurance
premiums, for self-only coverage and for family coverage, for
individuals receiving the health coverage tax credit,

with respect to each category of coverage as described in
section 35(e)(1) of such Code.
(3) In each State and nationally, an analysis of the
following information with respect to the health insurance
coverage of individuals receiving the health coverage tax
credit who are enrolled in coverage described in
subparagraphs (B) through (H) of section 35(e)(1) of such
Code:
(A) Deductible amounts.
(B) Other out-of-pocket cost-sharing amounts.
(C) A description of any annual or lifetime limits on
coverage or any other significant limits on coverage
services, or benefits.

The information required under this paragraph shall be
reported with respect to each category of coverage described
in such subparagraphs.
(4) In each State and nationally, the gender and average
age of eligible individuals (as defined in section 35(c) of
such Code) who receive the health coverage tax credit, in
each category of coverage described in section 35(e)(1) of
such Code, with respect to each category of eligible
individuals described in such section.
(5) The steps taken by the Secretary of the Treasury to
increase the participation rates in the HCTC program among
eligible individuals, including outreach and enrollment
activities.
(6) The cost of administering the HCTC program by function,
including the cost of subcontractors, and recommendations on
ways to reduce administrative costs, including recommended
statutory changes.
(7) The number of States applying for and receiving
national emergency grants under section 173(f) of the
Workforce Investment Act of 1998 (29 U.S.C. 2918(f)), the
activities funded by such grants on a State-by-State basis,
and the time necessary for application approval of such
grants.

SEC. 1799J. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $80,000,000 for the
period of fiscal years 2009 through 2010 to implement the
amendments made by, and the provisions of, sections 1799
through 1799I of this part.

SEC. 1799K. EXTENSION OF NATIONAL EMERGENCY GRANTS.

(a) In General.--Section 173(f) of the Workforce Investment
Act of 1998 (29 U.S.C. 2918(f)), as amended by this Act, is
amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Use of funds.--
``(A) Health insurance coverage for eligible individuals in
order to obtain qualified health insurance that has
guaranteed issue and other consumer protections.--Funds made
available to a State or entity under paragraph (4)(A) of
subsection (a) may 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

[[Page S1736]]

covered by qualified health insurance that meets such
requirements).
``(B) Additional uses.--Funds made available to a State or
entity under paragraph (4)(A) of subsection (a) may be used
by the State or entity for the following:
``(i) Health insurance coverage.--To assist an eligible
individual and such individual's qualifying family members
with enrolling in health insurance coverage and qualified
health insurance or paying premiums for such coverage or
insurance.
``(ii) Administrative expenses and start-up expenses to
establish group health plan coverage options for qualified
health insurance.--To pay the administrative expenses related
to the enrollment of eligible individuals and such
individuals' qualifying family members in health insurance
coverage and qualified health insurance, including--

``(I) eligibility verification activities;
``(II) the notification of eligible individuals of
available health insurance and qualified health insurance
options;
``(III) processing qualified health insurance costs credit
eligibility certificates provided for under section 7527 of
the Internal Revenue Code of 1986;
``(IV) providing assistance to eligible individuals in
enrolling in health insurance coverage and qualified health
insurance;
``(V) the development or installation of necessary data
management systems; and
``(VI) any other expenses determined appropriate by the
Secretary, including start-up costs and on going
administrative expenses, in order for the State to treat the
coverage described in subparagraphs (C) through (H) of
section 35(e)(1) of the Internal Revenue Code of 1986 as
qualified health insurance under that section.

``(iii) Outreach.--To pay for outreach to eligible
individuals to inform such individuals of available health
insurance and qualified health insurance options, including
outreach consisting of notice to eligible individuals of such
options made available after the date of enactment of this
clause and direct assistance to help potentially eligible
individuals and such individual's qualifying family members
qualify and remain eligible for the credit established under
section 35 of the Internal Revenue Code of 1986 and advance
payment of such credit under section 7527 of such Code.
``(iv) Bridge funding.--To assist potentially eligible
individuals to purchase qualified health insurance coverage
prior to issuance of a qualified health insurance costs
credit eligibility certificate under section 7527 of the
Internal Revenue Code of 1986 and commencement of advance
payment, and receipt of expedited payment, under subsections
(a) and (e), respectively, of that section.
``(C) Rule of construction.--The inclusion of a permitted
use under this paragraph shall not be construed as
prohibiting a similar use of funds permitted under subsection
(g).''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Qualified health insurance.--For purposes of this
subsection and subsection (g), the term `qualified health
insurance' has the meaning given that term in section 35(e)
of the Internal Revenue Code of 1986.''.
(b) Funding.--Section 174(c)(1) of the Workforce Investment
Act of 1998 (29 U.S.C. 2919(c)(1)) is amended--
(1) in the paragraph heading, by striking ``Authorization
and appropriation for fiscal year 2002'' and inserting
``Appropriations''; and
(2) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) to carry out subsection (a)(4)(A) of section 173--
``(i) $10,000,000 for fiscal year 2002; and
``(ii) $150,000,000 for the period of fiscal years 2009
through 2010; and''.
______